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Full text of "North Carolina Register v.10 no. 12 (9/15/1995)"



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► ' NORTH CAROLINA 



REGISTER 



VOLUME 10 • ISSUE 12 • Pages 981 - 1060 
September 15, 1995 





If, .'■ 


] 






SE! 




IN THIS ISSUE 

Executive Order 

Architecture, Board of 

Cosmetic Art Examiners, Board of 








State Personnel 

Transportation 

List of Rules Codified 

RRC Objections 

Contested Case Decisions 


PUBLISHED BY 




Thi 
Ru 
PO 
Ral 
Tel 
Fa: 


» Office of Administrative I 
'es Division 
Drawer 27447 
] eigh,NC 27611-7447 
ephone (919) 733-2678 
c (9/9) 733-3462 


{eatings 





This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1. 13 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published twice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and notices of 
public hearings filed under G.S. 150B-21.2 must be published in 
the Register. The Register will typically comprise approximately 
fifty pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription 
at a cost of one hundred and twenty dollars ($120.00) for 24 
issues. Individual issues may be purchased for ten dollars 
($10.00). 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings, PO Drawer 
27447, Raleigh, NC 27611-7447. 

ADOPTION, AMENDMENT, AND REPEAL OF RULES 

The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2 A of Chapter 
150B of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include the time and place of the public 
hearing (or instructions on how a member of the public may 
request a hearing); a statement of procedure for public comments; 
the text of the proposed rule or the statement of subject matter; the 
reason for the proposed action; a reference to the statutory 
authority for the action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the North 
Carolina Register before the agency may conduct the public 
hearing and at least 30 days must elapse before the agency can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantially from the proposed form published as part of 
the public notice, until the adopted version has been published in 
the North Carolina Register for an additional 30 day comment 
period. 

When final action is taken, the promulgating agency must file the 
rule with the Rules Review Commission (RRC). After approval 
by RRC, the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative 
Hearings for publication in the North Carolina Administrative 
Code (NCAC). 

Proposed action on rules may be withdrawn by the promulgating 



agency at any time before final action is taken by the agency or 
before filing with OAH for publication in the NCAC. 

TEMPORARY RULES 

Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's written statement of 
findings of need for the temporary rule pursuant to the provisions 
in G.S. 150B-21.1. If the Codifier determines that the findings 
meet the criteria in G.S. 150B-21.1, the rule is entered into the 
NCAC. If the Codifier determines that the findings do not meet 
the criteria, the rule is returned to the agency. The agency may 
supplement its findings and resubmit the temporary rule for an 
additional review or the agency may respond that it will remain 
with its initial position. The Codifier, thereafter, will enter the 
rule into the NCAC. A temporary rule becomes effective either 
when the Codifier of Rules enters the rule in the Code or on the 
sixth business day after the agency resubmits the rule without 
change. The temporary rule is in effect for the period specified in 
the rule or 180 days, whichever is less. An agency adopting a 
temporary rule must begin rule-making procedures on the 
permanent rule at the same time the temporary rule is filed with 
the Codifier. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 40 occupational licensing boards. Compilation and 
publication of the NCAC is mandated by G.S. 150B-21 .18. 

The Code is divided into Tides and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Title 21 is designated for occupational licensing boards. 
The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of 
two dollars and 50 cents ($2.50) for 10 pages or less, 
plus fifteen cents ($0.15) per each additional page. 
Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

(2) The full publication and supplement service is printed 
and distributed by Barclays Law Publishers. It is 
available in hardcopy, CD-ROM and diskette format. 
For subscription information, call 1-800-888-3600. 

CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 10:01 NCR 1-67, April 3, 1995 refers to 
Volume 10, Issue 1, pages 1 through 67 of the North Carolina 
Register issued on April 3, 1995. 



FOR INFORMATION CONTACT: Office of Administrative Hearings, ATTN: 
NC 27611-7447. (919) 733-2678. FAX (919) 733-3462. 



Rules Division, PO Drawer 27447. Raleitih. 



> 



NORTH CAROLINA 



IN THIS ISSUE 




Volume 1 O, Issue 1 2 
Pages 98 1-1 060 

September 15, 1 995 



This issue contains documents officially filed 
through August 31, 1995. 



EXECUTIVE ORDER 

Executive Order 84 



981 



D. PROPOSED RULES 
Human Resources 

Medical Assistance 982 - 984 

Licensing Boards 

Architecture, Board of 985 

Cosmetic Art Examiners, Board of 985 - 986 

State Personnel 

Office of State Personnel 986 - 1016 

Transportation 

Highways, Division of 984 - 985 

HI. LIST OF RULES CODHTED 1017-1019 

IV. RRC OBJECTIONS 1020- 1024 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann BJ, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



V. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 1025-1038 

Text of Selected Decisions 

95 DOJ 0717 1039- 1042 

95 OSP 0220 1043-1048 

VI. CUMULATIVE INDEX 1050- 1060 



NORTH CAROLINA REGISTER 

Publication Schedule 

(July 1995 - November 1995) 



Volume 

and 

Issue 

Number 


Issue 
Date 


Last Day 
for Filing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 
Date for 
Public 
Hearing 
15 days 
from no- 
tice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

to RRC 


** Earliest 

Effective 

Date 


10:7 


07/03/95 


06/12/95 


06/19/95 


07/18/95 


08/02/95 


08/21/95 


10/01/95 


10:8 


07/14/95 


06/22/95 


06/29/95 


07/31/95 


08/14/95 


08/21/95 


10/01/95 


10:9 


08/01/95 


07/11/95 


07/18/95 


08/16/95 


08/31/95 


09/20/95 


11/01/95 


10:10 


08/15/95 


07/25/95 


08/01/95 


08/30/95 


09/14/95 


09/20/95 


11/01/95 


10:11 


09/01/95 


08/11/95 


08/18/95 


09/18/95 


10/02/95 


10/20/95 


12/01/95 


10:12 


09/15/95 


08/24/95 


08/31/95 


10/02/95 


10/16/95 


10/20/95 


12/01/95 


10:13 


10/02/95 


09/11/95 


09/18/95 


10/17/95 


11/01/95 


11/20/95 


01/01/96 


10:14 


10/16/95 


09/25/95 


10/02/95 


10/31/95 


11/15/95 


11/20/95 


01/01/96 


10:15 


11/01/95 


10/11/95 


10/18/95 


11/16/95 


12/01/95 


12/20/95 


02/01/96 


10:16 


11/15/95 


10/24/95 


10/31/95 


11/30/95 


12/15/95 


12/20/95 


02/01/96 



This table is published as a public service, and the computation of time periods are not to be deemed binding or controlling. 
Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date of any public 
hearing, whichever is longer. See G.S. 150B-21.2(f) for adoption procedures. 

** The "Earliest Effective Date" is computed assuming that the agency follows the publication schedule below, that the Rules 
Review Commission approves the rule at the next calendar month meetmg after submission, and that RRC delivers the rule to the 
Codifier of Rules five (5) business days before the 1st day of the next calendar month. 



Revised 07/95 



EXECUTIVE ORDER 



EXECUTIVE ORDER NO. 84 

NORTH CAROLINA HOME 

FURNISHINGS EXPORT COUNCIL 

WHEREAS, an advisory body is needed to develop plans 
and programs to increase home furnishings exports from 
North Carolina companies into the global market; and 

WHEREAS, North Carolina furniture companies and 
craftsmen create some of the finest furniture in the world; 
and 

WHEREAS, the home furnishings market is becoming 
more globally -oriented; 

NOW, THEREFORE, by the authority vested in me as 
Governor by the laws and Constitution of the State of North 
Carolina, IT IS ORDERED: 

Section L Establishment . 

The North Carolina Home Furnishings Export Council 
("Council") is hereby established. 

Section 2^ Purpose . 

The Council shall consist of not more than 30 voting 
members, with the Governor and the Secretary of Com- 
merce serving as ex-officio members. All voting members 
shall be from either the public or private sector and have 



established connection to and genuine interest in the export 
of home furnishing products produced in North Carolina. 
The Governor shall appoint a Chair from among the voting 
membership. All members serve at the pleasure of the 
Governor. The Council shall meet at least twice a year at 
the call of the Chair. 

Section 3^ Duties of the Council . 

The Council shall have the following duties: 

(a) Advise the Division of International Trade of the 
Department of Commerce on matters related to the 
exportation of home furnishings; 

(b) Serve as a liaison between the North Carolina 
export office and industry manufacturers; and 

(c) Discover and explore ways to increase the level of 
exportation of North Carolina's home furnishings 
products. 

Section 4. Administration . 

The Department of Commerce shall provide administrative 
and financial support for the Council. Members shall 
receive a per diem allowance for their service and reim- 
bursement for travel and other expenses in accordance with 
state law, subject to the availability of funds. 

Done in Raleigh, this the 24th day of August, 1995. 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



981 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF 
HUMAN RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the DHR/Division of Medical Assistance 
intends to amend rules cited as 10 NCAC 26G .0703 - .0705 
and 26H .0508. 

Proposed Effective Date: December 1, 1995. 

A Public Hearing will be conducted at 1:30 p.m. on 
October 17, 1995 at the NC Division of Medical Assistance, 
1985 Umstead Drive, Kirby Building, Room 132, Raleigh, 
NC. 

Reason for Proposed Action: 

10 NCAC 26G .0703 - .0705 - To define the parameters and 
procedure for withholding payments to providers in cases of 
fraud or wilful misrepresentation. 

10 NCAC 26H .0508 - The change will permit the establish- 
ment of reasonable rates by allowing adjustment to rates 
based on market and cost analysis. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted by October 1 7, 1995 
to Portia Rochelle, APA Coordinator, Division of Medical 
Assistance, 1985 Umstead Drive, Raleigh, NC 27603. Oral 
comments may be presented at the hearing. A fiscal note 
statement is available upon written request from the same 
address. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26G - PROGRAM INTEGRITY 

SECTION .0700 - ADMINISTRATIVE 
SANCTIONS AND RECOUPMENT 

.0703 ADMINISTRATIVE SANCTIONS 
AND REMEDIAL MEASURES 

(a) The following types of sanctions may be imposed, 
singly or in combination, by the Medicaid Agency in 
instances of program abuse by providers: 

(1) Warning letters for those instances of abuse that 
can be satisfactorily settled by issuing a warning 
to cease the specific abuse. The letter will state 
that any further violations will result in adminis- 
trative or legal action initiated by the Medicaid 
Agency. 

(2) Suspension of a provider from further participa- 
tion in the Medicaid Program for a specified 
period of time, provided the appropriate findings 
have been made and provided that this action 
does not deprive recipients of access to reason- 



able service of adequate quality. 

(3) Termination of a provider from further partici- 
pation in the Medicaid Program, provided the 
appropriate findings have been made and pro- 
vided that this action does not deprive recipients 
of access to reasonable services of adequate 
quality. 

f4) Suspension of paymonts in part or in whole, to 

onsuro recovery of ovorpaymonto or to implo 
ment th e penalty provision of th e Patiento' Bill 
of Rights. 

(4) (#)Probation whereby a provider's participation 
is closely monitored for a specified period of 
time not to exceed one year. At the termination 
of the probation period the Medicaid Agency 
will conduct a follow-up review of the pro- 
vider's Medicaid practice to ensure compliance 
with the Medicaid rules. Notwithstanding his 
probation, a probationary provider's participa- 
tion, like that of all providers, is terminable at 
will. 

(5) (^Remedial Measures to include: 

(A) placing the provider on "flag" status whereby 
his claims are remanded for manual review; 

(B) establishing a monitoring program not to 
exceed one year whereby the provider must 
comply with pre-established conditions of 
participation to allow review and evaluation of 
his Medicaid practice, i.e., quality of care. 

(b) The following factors are illustrative of those to be 
considered in determining the kind and extent of administra- 
tive sanctions to be imposed: 

(1) seriousness of the offense; 

(2) extent of violations found; 

(3) history or prior violations; 

(4) prior imposition of sanctions; 

(5) period of time provider practiced violations; 

(6) provider willingness to obey program rules; 

(7) recommendations by the investigative staff or 
Peer Review Committees; and 

(8) effect on health care delivery in the area. 
When a provider has been administratively sanctioned, the 
Division shall notify the appropriate professional society, 
board of licensure. State Attorney General's Office, federal 
and state agencies, and appropriate county departments of 
social services of the findings made and the sanctions 
imposed. 

Authority G.S. 108A-25(b); 42 C.F.R. Part 431; 42 C.F.R. 
Part 455. 

.0704 PROVIDER LOCK-OUT 

(a) The Division may restrict the provider, through 
suspension or otherwise, from participating in the Medicaid 
program, provided that: 

(1) Before imposing any restrictions, the Division 
will give the provider notice and opportunity for 



982 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



PROPOSED RULES 



review in accordance with procedures estab- 
lished by the Division. 

(2) The Division shows, before so restricting a 
provider, that in a significant number of propor- 
tion of cases, the provider has: 

(A) (a)provided care, services, and items at a 
frequency or amount not medically necessary, 
as determined in accordance with utilization 
guidelines established by the Division; or 

(B) (b)provided care, service, and items of a 
quality that does not meet professionally recog- 
nized standards of health care. 

(3) The Division will assure that recipients do not 
lose reasonable access to services of adequate 
quality as a result of such restrictions. 

(4) The Division will give general notice to the 
public of the restriction, its basis, and its dura- 
tion. 

(b) Suspension or termination from participation of any 
provider shall preclude such provider from submitting 
claims for payment to the state agency. No claims may be 
submitted by or through any clinic, group, corporation, or 
other association for any services or su pplies provided by a 
person within such organization who has been suspended or 
terminated from participation in the Medicaid program, 
except for those services or su pplies provided prior to the 
suspension or termination effective date. 

Authority G.S. 108A-25(b); 42 C.F.R. Part 431; 42 C.F.R. 
Part 455. 

.0705 WITHHOLDING OF MEDICAID 
PAYMENTS 

(a) Wh e n a provider has boon administrativ e ly sanction e d, 
the Division shall notify th e appropriate prof e ooional oooi e ty, 
board of licensure, State Attorney General's Office, federal 
and state agencies, and appropriate county departments of 
sooial oorviooo of th e findings made and th e oanotiono 
imposed. 

(b) Suspension or termination from participation of any 
provider shall preclude such provider from submitting 
olaimo for paym e nt to th e stat e ag e noy. — No olaimo may b e 
submitt e d by or through any olinio, group, corporation, or 
other association for any services or supplies provided by a 
person within such organization who has boon suspended or 
t e rminat e d from participation in th e M e dicaid program, 
e xo e pt for thos e oorviooo or suppli e s provid e d prior to th e 
suspension or termination effective date. 

(a) The Medicaid Agency shall withhold Medicaid 
payments in accordance with the provisions of 42 CFR 
455.23 which is hereby incorporated by reference including 
subsequent amendments and editions. A copy of 42 CFR 
455.23 is available for inspection and may be obtained from 
the Division of Medical Assistance at a cost of twenty cents 
($.20) a page. 

(b) The Medicaid Agency shall withhold Medicaid 
payments in whole or in part to ensure recovery of 



overpayments, or to implement the penalty provision of the 
Patient's Bill of Rights. 

Authority G.S. 108A-25(b); 42 C.F.R. Part 431; 42 C.F.R. 
Part 455. 

SUBCHAPTER 26H - REIMBURSEMENT 
PLANS 

SECTION .0500 - REIMBURSEMENT 
FOR SERVICES 

.0508 DURABLE MEDICAL EQUIPMENT 
AND RELATED SUPPLIES 

(a) Effective August 1, 1991, payment for each claim for 
durable medical equipment and associated supplies will be 
equal to the lower of the supplier's usual and customary 
billed charges or the maximum fee established for each item 
of durable medical equipment or related supply. The 
maximum fees are set at the Medicaid fee schedule in effect 
on July 1, 1991. Fees for added equipment will be set at 
Medicare Part B fees. If a Medicare fee cannot be obtained 
for added equipment , then the fee will be based on e stimat e *) 
a an estimate of reasonable costs cost . The maximum 
allowable fee will be updated each August 1 August 1, 
b e ginning August 1, 1991, based on the Gross National 
Product (GNP) implicit price deflator, but not to exceed the 
percentage increase approved by the North Carolina State 
Legislature. (The maximum allowable fee may be adjusted 
for any changes resulting from market and cost analysis 
conducted by the Division of Medical Assistance.) There 
will be no retroactive payment adjustments for fee changes. 

(b) Each equipment item will be assigned to one of the 
following categories of payment methods: 

(1) Purchase fee paid for inexpensive, routinely 
purchased, and customized e quipment equip- 
ment, and DME Su pplies . 

(2) Monthly rental paid up to purchase price but for 
no more than 15 continuous months. Monthly 
rental is paid for other types of equipment when 
the initial expected medical needs is less than six 
months, but not to exceed the purchase price if 
need extends beyond six months. Equipment 
with an initial expected medical need of six 
months or more may be paid as a purchase or a 
rental. 

(3) Monthly rental payment for oxygen and oxygen 
equipment without any limitations. 

(4) Servicing and repair fees wHi shall be estab- 
lished for appropriate items. Through a prior 
approval process, recipient owned equipment is 
repaired on an ^as needed" basis if the repair 
estimate is less than the cost of replacement and 
if the equipment has not gone beyond its estab- 
lished life ex pectancy. Service contracts are not 
covered and manufacturer's warranties are 
expected to be honored when a ppropriate. 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



983 



PROPOSED RULES 



Rental equipment repairs are not reimbursed 

separately but are considered to be covered in 

the monthly rental fee. 

(c) The changes to this Rule shall become effective when 

the Health Care Financing Administration, U.S. Department 

of Health and Human Services, a pproves amendment 

submitted to HCFA by. the Director of the Division of 

Medical Assistance on or about August 1, 1995 as #MA 95; 

17, wherein the Director proposes amendments of the State 

Plan to amend Payments for Services ; Durable Medical 

Equipment. 

Authority G.S. 108A-25(b); 42 C.F.R. 447, Subpart D; 
Section 95 of Chapter 689, 1991 Session Laws. 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Department of 
Transportation intends to amend rule cited as 19 A NCAC 2D 
.0415. 

Proposed Effective Date: December 31, 1995. 

Instructions on How to Demand a Public Hearing (must 
be requested in writing within 15 days of notice): A demand 
for a public hearing must be made in writing and mailed to 
Emily Lee, Department of Transportation, P.O. Box 25201, 
Raleigh, NC 27611. The demand must be received within 
15 days of this Notice. 

Reason for Proposed Action: These amendments are 
proposed by the Department with prior approval of the 
United States Coast Guard. The amended rule will provide 
equitable service to both highway and marine traffic. 

Comment Procedures: Any interested person may submit 
written comments on the proposed rule by mailing the 
comments to Emily Lee, Department of Transportation, P. O. 
Box 25201, Raleigh, NC 27611, within 30 days after the 
proposed rule is published or until the date of any public 
hearing held on the proposed rule, whichever is longer. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 2 - DIVISION OF HIGHWAYS 

SUBCHAPTER 2D - HIGHWAY OPERATIONS 

SECTION .0400 - FIELD OPERATIONS - 
MAINTENANCE AND EQUIPMENT 

.0415 GENERAL REGULATIONS FOR 
DRAWBRIDGES 



(a) This Rule governs operation of drawbridges in North 
Carolina. All other drawbridges not specifically noted in 
this Rule operate under normal Coast Guard regulations 
which give preference to water-borne traffic. For purposes 
of this Rule, the term on signal means the boat operator 
sounds his signal as defined by standard navigational 
practices. 

(b) The draw on the bridge on US 17 over the Neuse 
River at New Bern shall open on signal except that the draw 
may remain closed from Monday through Friday from 6:30 
a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m. for pleasure 
vessels. However, the draw shall open at 7:30 a.m. and 
5:00 p.m. for any vessel waiting to pass. The draw may 
remain closed on Sundays and Federal holidays from May 
24 through September 8 from 2:00 p.m. to 7:00 p.m. for 
pleasure vessels except that the draw shall open at 4:00 p.m. 
and 6:00 p.m. for any vessels waiting to pass. The draw on 
this bridge shall always open on signal for public vessels of 
the United States, State, or local vessels used for public 
safety, tugs with tows and vessels in distress. 

(c) The rules applicable to the Trent River Bridge on U S 
70 at Now B e rn ar e th e name ao thos e for th e N e us e River 
Bridg e at Now Born ao sp e oifi e d in Paragraph (b) of thio 
Rule. The draw on the bridge on US 70 Business over the 
Trent River at New Bern shall open on signal except that 
the draw may remain closed from Monday through Friday 
from 6:30 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m. for 
pleasure vessels. However, the draw shall open at 7:30 
a.m. and 5:00 p.m. for any vessel waiting to pass. The 
draw may remain closed on Sundays and Federal holidays 
from May 24 through September 8 from 2:00 p.m. to 7:00 
p.m. for pleasure vessels except that the draw shall open on 
the hour and half hour for any vessels waiting to pass. The 
draw on this bridge shall always open on signal for public 
vessels of the United States, State, or local vessels used for 
public safety, tugs with tows, and vessels in distress. 

(d) The draw on the US 17B/Perquimans River Bridge at 
Hertford shall open on signal except that from midnight to 
8:00 a.m. from April 1 through September 30, and from 
10:00 p.m. through 10:00 a.m., from October 1 through 
March 31, the draw shall not open for the passage of 
vessels. 

(e) The bridge on US 17 over the Pamlico River at 
Washington shall open only upon 24-hour advance notice. 

(f) The bridge on SR 1565 over the Tar River at 
Grimesland shall open only upon 24-hour advance notice. 

(g) The bridge on US 117-NC 133 over Smith's Creek 
just north of Wilmington shall open only upon 24-hour 
advance notice. 

(h) Th e draw on th e US70/B e aufort Chann e l Bridg e in 
B e aufort shall op e n on signal oxoept that from 7:30 a.m. to 
7:30 p.m. the draw shall open for pleasure craft on signal 
over) 1 hour on the half hour. The draw on the bridge on US 
70 over Beaufort Channel in Beaufort shall o pen on signal 
except that from 6:00 a.m. to 10:00 p.m. the draw shall 
open for all vessels on signal every hour on the hour, 20 
minutes past the hour, and 40 minutes past the hour. 



984 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



PROPOSED RULES 



(i) The draw on the NC 50/Intracoastal Waterway Bridge 
at Surf City shall open on signal, except that from 7:00 a.m. 
to 7:00 p.m. the draw shall open for pleasure craft if 
signaled only on the hour. 

(j) The draw on the bridge on US 74/76 over Intracoastal 
Waterway at Wrightsville Beach shall open on signal, except 
that from 7:00 a.m. to 7:00 p.m. the draw shall open for 
pleasure craft if signaled only on the hour. 

(k) The draw on the bridge on SR 1 172 over Intracoastal 
Waterway at Sunset Beach shall open on signal, except that 
from 7:00 a.m. to 7:00 p.m. the draw shall open for 
pleasure craft if signaled on the hour from April 1 to 
October 31 November 30 . 

Statutory Authority G.S. 136-18(5). 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER 2 - BOARD OF ARCHITECTURE 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the N.C. Board of Architecture intends 
to amend rule cited as 21 NCAC 02 .0208. 

Proposed Effective Date: December 1, 1995. 

Instructions on How to Demand a Public Hearing (must 
be requested in writing within 15 days of notice): Any 
person demanding that the Board hold a public hearing on 
the proposed amendment must submit a written request to 
the Board office, 127 W. Hargett St. , Room 304, Raleigh, 
NC 27601, not later than October 2, 1995. 

Reason for Proposed Action: Removes language governing 
standard design requirements which was moved to 21 NCAC 
02 .0206. 

Comment Procedures: Any person interested in this Rule 
may deliver written comments to the Board office not later 
than Monday, October 16, 1995. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state funds. 

SECTION .0200 - PRACTICE OF ARCHITECTURE 

.0208 DISHONEST CONDUCT 

(a) Deception. An architect shall not deliberately make 
a materially false statement or fail deliberately to disclose a 
material fact requested in connection with his application for 
registration renewal. 

(b) Contributions. An architect shall neither offer nor 
make any gifts, other than gifts of nominal value (including, 
for example, reasonable entertainment and hospitality), with 
the intent of influencing the judgement of an existing or 



prospective client in connection with a project in which the 
architect is interested. 

(c) Registration of Others. An architect shall not assist 
the application for registration of a person known by the 
architect to be unqualified with respect to education, 
training, experience, or character. 

(d) Knowledge of Violation. An architect possessing 
knowledge of a violation of these Rules by another architect 
shall report such knowledge to the Board. 

(e) — Misrepresentation. — It ohall b e d ee m e d dishonest 
oonduot for an arohit e ot to permit the uoo of hio prof e ooional 
seal by others, or otherwise represent himself aa the author 
of drawings or specifications which are not personally 
pr e par e d by him or und e r hio dir e ct sup e rvision. — However, 
"standard design documents" pr e pared by arohit e oto who ar e 
registered in this state or in their state of origin may bo 
sealed by a succeeding licensed arohiteot registered in North 
Carolina provided: 

(4-) th e s e al of th e original arohit e ot app e aro on th e 

documents to authenticate authorship; 

(3) the words "standard design document" appear on 

e aoh sh ee t of th e dooumonto prepared by th e 
original arohiteot; 

£J) the succeeding North Carolina architect clearly 

identifies all modifications to the standard design 
dooumonto ; 

(4) the succeeding North Carolina arohit e ot assum e s 

responsibility for the adequacy of tho design for 
the specific application in North Carolina and 
for th e d e sign conforming with applioabl e build 
ing ood e o; and 

(£) tho succeeding North Carolina architect affixes 

his seal to tho standard design documents and a 

stat e m e nt — oubotantially — as — follows: "Thos e 

docum e nts have boon properly examin e d by th e 
undersigned. — I have determined that they com 
ply with exi s ting local North Carolina codes, 
and I assume r e sponsibility for th e adequacy of 
th e d e sign for th e sp e cific applioation in North 
Carolina. " 

Statutory Authority G.S. 14-353; 83A-6; 83 A- 14; 83A-15. 
******************* 

CHAPTER 14 - BOARD OF COSMETIC ART 
EXAMINERS 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the N. C. State Board of Cosmetic Art 
Examiners intends to adopt rule cited as 21 NCAC 14B 
.0604. 

Proposed Effective Date: December 1, 1995. 

Instructions on How to Demand a Public Hearing (must 
be requested in writing within 15 days of notice): Anyone 



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985 



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wishing to demand a public hearing may contact Linda 
Speight, Interim Executive Secretary, NC State Board of 
Cosmetic Art Examiners , 1110 Navaho Drive, Raleigh, NC 
27609, (919) 850-2793. This demand must be in writing 
and received by October 3, 1995. 

Reason for Proposed Action: Senate Bill 966 states "The 
license fee for a registered cosmetologist shall be in an 
amount determined by the Board but not to exceed $39. 00, 
etc. This Rule will state a specific amount. 

Comment Procedures: The record shall be open for 30 
days to receive written comments. Comments should be 
addressed to Dee Williams, N. C. State Board of Cosmetic 
Art Examiners, 1110 Navaho Drive, Raleigh, NC 27609. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state funds. 

SUBCHAPTER 14B - RULE-MAKING 
PROCEDURES 

SECTION .0600 - FEES 

.0604 COSMETOLOGIST LICENSE FEE 

In addition to the fees set by G.S. 88-21. the following fee 
shall be payable to the Board: the license fee and the 
renewal fee of a registered cosmetologist shall be thirty-nine 
dollars ($39.00) for three years payable in advance if the 
license is renewed before it becomes delinquent. 

Statutory Authority G.S. 88-21. 



TITLE 25 - OFFICE OF STATE PERSONNEL 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the State Personnel Commission intends 
to amend rules cited as 25 NCAC ID .0401, .0406, .0504, 
.05 10 -.0511, .0515, .0910, .1001, .1005, .1009- .1010, 
.1928; IE .0304 - .0305, .1001 - .1002, .1110; II .2301 - 
.2308; U .0401, .0404, .0406, .0501 - .0508, .0801 - 
.0802, .0805; IK .0318, .0701 - .0703, .0705, .0708; 1L 
.0101 - .0104, .0106; adopt rules cited as 25 NCAC ID 
.2601 - .2604; 11 .2309 - .2310; U .0509 - .0511; and 
repeal rules cued as 25 NCAC 1H . 0628; 1J . 0402 - . 0403, 
.0405, .0407 - .0413, .0803 - .0804, .0806 - .0809; IK 
.0704, .0707; 1L .0105. 

Proposed Effective Date: December 1, 1995. 

A Public Hearing will be conducted at 9:00 a.m. on 
October 5, 1995 at the North Carolina A&T State Univer- 
sity, B.C. Webb Hall, Greensboro, North Carolina 27411. 

Reason for Proposed Action: These Rules are proposed to 
be amended, adopted and repealed in order to offer guid- 



ance and clarification to state agencies in administering the 
provisions of Demotion, Reduction-in-Force, Transfer, 
Reinstatement, Hours of Work and Overtime Compensation, 
In-Range Salary Adjustment, Sick Leave, Miscellaneous 
Leave (Jury Duty and Court Attendance or Job Related 
Proceeding), Other Leaves Without Pay, Employee Recogni- 
tion Programs, Employee Grievances, Governor's Award for 
Excellence Program, Public Manager's Program, Educa- 
tional Assistance Program (Tax Status) and Equal Opportu- 
nity Plans and Programs. Rules for 25 NCAC 1L .2300 are 
proposed to be amended and adopted in order to offer 
guidance and clarification to local government agencies in 
administering the discipline and dismissal procedures. 

Comment Procedures: Interested persons may present 
statements either orally or in writing at the Public Hearing 
or by mail addressed to: Patsy Smith Morgan, Office of 
State Personnel, 116 West Jones Street, Raleigh, North 
Carolina 27603. All comments must be received by 5:00 
p.m. on October 16, 1995. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 1 - OFFICE OF STATE PERSONNEL 

SUBCHAPTER ID - COMPENSATION 

SECTION .0400 - DEMOTION OR 
REASSIGNMENT 

.0401 DEFINITION 

Demotion or reassignment is a change in status downward 
resulting from assignment to a position at a ef lower salary 
grade. It ma) 1 rooult from th e ohoio e of th e e mploy eer If the 
change results from inefficiency in performance or as a 
disciplinary action, the action is considered a demotion . 
bettor utilization of individual ability. If the change results 
from a mutual agreement between the employee and 
employer, the action is considered a reassignment. 

Statutory Authority G.S. 126-4. 

.0406 SALARY RATE 

(a) When the employee's current salary falls within the 
range of the lower class, it may remain the same or be 
reduced to any salary in the lower range. Exo e ption 
Exceptions are : When an employee is promoted or roallo 
oatod — upward and subsequently demoted demoted, or 
reassigned, or is reallocated upward and subsequently 
reallocated downward, demoted or reassigned to any lower 
class within one year, the following shall apply: 

(1) if to the same grade level before the promotion 
or reallocation, the salary shall revert to the 
salary being paid before the promotion or reallo- 
cation, plus any increases that would have been 
given had that promotion not occurred; 



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PROPOSED RULES 



(2) if to a level higher than held before the promo- 
tion or reallocation, the salary shall revert to a 
salary that is permitted by 25 NCAC ID, Sec- 
tion .0300, as though the previous promotion or 
reallocation had not occurred; 

(3) if to a level lower than held before the promo- 
tion or reallocation, the salary shall be set in 
accordance with Paragraph (a)(1), but not to 
exceed the maximum. 

(b) When the employee's current salary is above the 
maximum of the range for the lower class, the salary shall 
be reduced at least to the maximum of the lower range. 

(c) When an employee has reduction-in-force priority 
consideration, the salary shall be set in accordance with 
G.S. 126-7. Ka2). 

Statutory Authority G.S. 126-4. 

SECTION .0500 - SEPARATION 

.0504 REDUCTION IN FORCE 

(a) Polioy . An appointing authority A State government 
agency «ay shall have the authority to separate an employee 
whenever it is necessary due to shortage of funds or work, 
abolishment of a position or other material change in duties 
or organization. Retention of employees in classes affected 
shall shall x as a minimum, be based on systematic consider- 
ation of all the following factors: type of appointment, 
relative efficiency, actual or potential adverse impact on 
protected group individuals the diversity of the workforce 
and length of service. However, neither temporary, 
probationary nor trainee employees in their initial six 
months of training shall be retained in classes where 
perman e nt — omployooo an employee with a permanent 
a ppointment (thos e who hav e oatiofaotorily compl e t e d a 
probationary or equivalent trial period) must be separated in 
the same or related class. 

(b) Agency Responsibility. 

(1) Each agency shall develop a written guid e lin e s 
plan for reduction-in-force which moot meets its 
particular needs and provide provides assurance 
to employees that potential reductions shall be 
considered on a fair and systematic basis m 
accordance with factors defined in the reduc- 
tion-in-force plan . The guidelines plan of each 
agonoy department/agency/institution shall be 
filed with the Office of State Personnel as a 
public record. 

(2) It is the employing agency's responsibility to 
inform the employee of separation as soon as 
possible and to inform the employee of the 
priority reemployment consideration available. 
The agency must provide employees with a 
minimum of two weeks notice of separation 30 
calendar days written notification of separation 
prior to the effective date of the reduction in 
force . For persons desiring priority consider- 



ation, the releasing agency must submit an 
application to the Office of State Personnel 
requesting priority consideration. If the em- 
ployee does not want assistance in finding an- 
other state job, the agency shall get a written 
statement to this effect and shar e file a copy 
with the Office of State Personnel. 

(c) Appeals. A career state employee or an employee 
with career status under competitive service who is sepa- 
rated due to reduction-in-force shall have the right to appeal 
to the State Personnel Commission for a review to assure 
that systematic procedures were applied. The term "oaroor 
employee" ohall moan a state employee in a primary position 
who has boon continuously employed by the otato for the 
imm e diat e 12 prec e ding months; in a secondary l e v e l or 
professional position who has boon continuously employed 
by the State for the immediate 2 4 preceding months; or in 
a manag e m e nt l e v e l or consultant position who has been 
continuously employ e d by th e stat e for th e immediat e 36 
preceding months, at tho timo of the act, grievance or 
employment practice complained of. Provisions of the 
agency appeal procedure shall first be followed. 

(d) Affirmativ e Aotion Equal Employment Opportunity . 
In accordance with federal guidelines affecting equal 
employment opportunity and affirmative action , any applica- 
tion of the reduction-in-force polioy plan must be analyzed 
to determine its impact in this area. 

(o) Leav e 
{4} Vacation Leave. Employees aro paid in a lump 

sum for aooumulat e d vacation l e ave. 
(3) Siok L e av e . Employees separat e d du e to reduo 

tion in force shall bo informed that thoir sick 

leave shall bo reinstated if employed reemployed 

in any ag e ncy within fiv e y e ars. 

Statutory Authority G. S. 126-4(2). 

.0510 PRIORITY REEMPLOYMENT 
CONSIDERATION 

(a) Priority reemployment consideration shall be provided 
to: 

(+) Employees who hav e m e t th e minimum s e rvice 

r e quirem e nts of G.S. 126 1A, and who occupy or 
accept and are subsequently separated, for reasons 
other than just cause, from positions designated 
exempt as confid e ntial or polioy making pursuant 
to G.S. 126 5(o)(2) and G.S. 126 5(d)(1). 

(3) £U Employees with permanent appointments, 
employees and apprentices with trainee appoint- 
ments who have completed six months of service, 
and employees who had a permanent appointment 
prior to entering a trainee appointment, who have 
received written notification of imminent separa- 
tion due to shortage of funds or work, abolishment 
of a position or other material changes in duties or 
organization by the process commonly known as 
reduction-in-force. An employee who is separated 



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September 15, 1995 



987 



PROPOSED RULES 



at the end of from a time-limited appointment is 
not eligible for priority reemployment consider- 
ation, 
fe}— E mployooo ooparatod from policy making/confidential 
exempt poaitiono for reasons othof than cause and omployoco 
with priority otatuo du e to roduotion in foroo hav e e qual 
priority. 

$e) — Tho intent of priority consideration for employees 
separated from exempt positions io to onablo a return to tho 
oaroor oorvioo at a oalary grad e e qual to that h e ld in th e 
moot rooont oubjoot position. — For e mployooo reo e iving 
notification of separation through reduction in force, tho 
intent io to continue or rootoro employment at a salary grade 
and oalary rate e qual to that hold at th e tim e of notification. 
In either inotano e , tho Dalary grad e and not th e oalary rat e io 
tho controlling factor. 
(d) (2) A poroon career state employee with priority 
status who has reason to believe priority consider- 
ation was denied in a selection decision may 
appeal directly to the State Personnel Commission 
through the established contested hearing process 
in accordance with G.S. 126-34. 1(a)(5). 



Statutory Authority G.S. 
126-5(d)(l). 



.0511 



126-1A; 126-1.1; 126-5(c)(2); 



REDUCTION IN FORCE PRIORITY 
CONSIDERATION 

Upon written notification of imminent separation through 
reduction in force, an employee shall receive priority 
reemployment consideration for a period of 12 months 
pursuant to G.S. 126-7. l(cl). The following conditions 
apply: 

(4-) Within the ag e ncy or inotitution wh e r e th e notifi 

oation of separation ooourr e d (parent agonoy), an 
employee — scheduled — to bo separated — through 
roduotion in force shall bo offered any availabl e 
vacant pooition of a oalary grad e l e v e l e qual or 
b e low that h e ld at th e tim e of notification, pro 
vidod tho employee moots tho qualifications for tho 
position and could perform tho job in a reasonable 
l e ngth of tim e , including normal ori e ntation and 
training giv e n any n e w e mployoo& r 
(1) If the applicants for reemployment for a position 
include state employees currently possessing 
priority reemployment consideration as a result of 
reduction-in-force, a RIF employee with more 
than 10 years of service shall receive priority 
consideration over a RIF employee having less 
than 10 years of service in the same or related 
position classification. This reemployment prior- 
ity shall be given by all State departments, agen- 
cies, and institutions. 

(2) Within all oth e r state agonoioo and inotitutiono, an 

e mploy ee with priority otatuo and qualifi e d for th e 
vacant position, shall be interviewed and offered 
tho position prior to employing anyone who is not 



a permanent state omployo er- 
(2) £2) For employees receiving notification of 
separation from trainee or flat-rate positions, who 
are eligible for priority consideration, the salary 
grade for which priority is to be afforded shall be 
determined as follows: For employees in flat rate 
positions, the salary grade level shall be the salary 
grade which has as its mid-point, a rate nearest 
the flat rate salary of the eligible employee. For 
employees in trainee status the salary grade level 
shall be the salary grade of the full class. 

(4) (3) An employee notified of imminent separation 
through reduction in force while actively possess- 
ing priority reemployment consideration shall 
retain the initial priority for the remainder of the 
twelve month priority period. A new priority 
period shall then be afforded at the salary gr a de 
grade, salary rate and appointment status of the 
position held at the most recent notification of 
separation. The length of this additional priority 
period shall be equal to the time between the 
expiration dates of the old and the new priority, 
assuming that the second twelve month period 
started on the date of the most recent notification. 

(5) £4) Priority reemployment consideration will not 
b e afford e d to an An employee who, after receiv- 
ing formal notice of impending reduction-in-force, 
retires or applies for retirement prior to the 
separation date thereby waives the right to priority 
reemployment consideration . An employee who 
applies for retirement after being separated 
through reduction-in-force may exercise priority 
reemployment consideration. 

(6) £5} Priority reemployment consideration is in- 
tended to provide employment at an equal employ- 
ment status to that held at the time of notification. 
Acceptance of a position at a lower appointment 
status will not affect priority. Employees notified 
of separation from permanent full-time positions 
shall have priority reemployment consideration to 
permanent full-time and permanent part-time 
positions. Employees notified of separation from 
permanent part-time positions shall have priority 
reemployment consideration to permanent 
part-time positions only. 

f?) (6} Employees who have priority reemployment 
status at the time of application for a vacant 
position, and who apply during the designated 
agency recruitment period, will be continued as 
priority applicants until the selection process is 
complete. 

(&) £7) An employee with priority status may not 
decline interviews or offers for positions within 35 
miles of the employee's original work station 
without losing his priority, if the position is at an 
appointment status status, and salary grade and 
salary rate equal to or greater than that held at the 



988 



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September 15, 1995 10:12 



PROPOSED RULES 



I 



> 



> 



time of notification. 
(9) £8) An employee with priority status may accept 
a temporary position at any level and retain 
hia/hor priority reemployment consideration. 
(40) £9} When priority has been granted for a lower 
salary grade and salary rate than that held at the 
time of notification, the employee retains priority 
for higher salary grades between that of hia 
current position and up to and including that held 
at the time of his the notification of separation. 

(44) (10) An employee with priority reemployment 
consideration may accept employment outside state 
government or in a state position not subject to the 
State Personnel Act and retain such consideration 
through the twelve months priority period. 

(43) (11) Priority reemployment consideration is 
terminated when an eligible employee: 

(a) refuses an interview or offer for a position 
within 35 miles of the employee's original work 
station if the position is at an appointment status 
and salary grade and salary rate equal to or 
greater than that held at the time of notification; 

(b) accepts a position equal to or greater than the 
salary grade level level, salary rate and employ- 
ment status of the position held at the time of 
notification; or 

(c) has received 12 months priority reemployment 
consideration. 

(45) (12) Priority reemployment consideration for 
employees notified of or separated through reduc- 
tion-in-force does not include priority to any 
policy-making/confidential exempt position. 

(44) (13) When an employee with priority status 
accepts a position at a lower salary grade and/or 
rate is subsequently terminated by disciplinary 
action, any remaining priority consideration 
ceases. 

(45) (14) An employee with priority status may be 
required to serve a new probationary period when 
the essential duties and responsibilities of the 
position into which ho/aho the employee is being 
reemployed are significantly different from those 
of the position held at the time of reduction in 
force notification, or when prior, documented 
performance history of the employee indicates 
performance failings on tasks in hia/h e r the 
employee's previous position which bear a strong 
functional relationship to the essential tasks of 
hia/hor the employee's new position, or when the 
prior, documented personal conduct history of the 
employee includes instances of unprofessional or 
unbusiness-like behavior, and would make a 
probationary period a prudent protection of agency 
interests. A decision by an agency to require a 
new probationary period shall not, however, 
nullify the employee's right to a future period of 
priority reemployment status should that employee 



receive reduction-in-force reduction — m — feree 
notification again while serving in probationary 
status. 



Statutory Authority G.S. 126-4(6), (10). 

.0515 AGENCY RESPONSIBILITIES 

(a) It is the employing agency's responsibility to notify 
the employee of impending separation as soon as possible in 
accordance with G.S. 126-7. Kal). and to inform the 
employee of the priority reemployment consideration to be 
afforded. If the employee does not want assistance in 
finding another State job, the agency shall get a written 
statement to that effect, and file a copy with the Office of 
State Personnel. For employees wishing to be advantaged 
by the automated priority referral system operated by the 
Office of State Personnel, the separating agency must submit 
an application to the Office of State Personnel oimultanoouo 
with employee notification immediately . Th e application 
shall — be — designated — as — "reduction in force'' — ef — "pol 
icy making exem pt^ 

(b) It is also an agency responsibility to notify the Office 
of State Personnel in writing when: 

(1) An eligible person employee accepts a position 
which satisfied satisfies his the priority reem- 
ployment consideration. 

(2) A poraon An employee with priority status due 
to reduction-in-force is offered a lateral transfer 
or promotion and refuses, unless the position 
offered is more than thirty-five miles from the 
employee's original work station. 

(3) An eligible employee separated from a pol- 
icy-making or confidential exempt position 
exercises his priority and then refuses an em- 
ployment offer. 

(4) Other conditions which would satisfy or termi- 
nate an eligible employee's priority reemploy- 
ment consideration are discovered. 

Statutory Authority G.S. 126-4(6), (10). 

SECTION .0900 - TRANSFER 

.0910 SALARY RATE 

(a) If an employee transfers to a position having the same 
salary grade, the salary shall remain unchanged. (Exo e p 
tion: Exception: The salary may be reduced if there is a 
lack of sufficient funds or if it results in the creation of a 
serious internal salary inequity.) inequity. This exception 
does not apply to employees with reduction-in-force priority 
consideration, in which case the salary shall remain un- 
changed in accordance with G. S^ 126-7. 1(a2). 

(b) If the transfer is to a higher class and results in a 
promotion, the Promotion Policy will shall apply. (See 25 
NCAC ID .0300.) 

(c) If the transfer is to a lower class and results in a 
demotion or reassignment, the Demotion /Reassignment 



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989 



PROPOSED RULES 



Policy witt shall apply. (See 25 NCAC ID .0400.) 

(d) If an employee is in an agency not utilizing an 
authorized special entry rate and transfers to an agency 
which does, the special entry rate cannot be used as justifi- 
cation for a salary increase if both work stations are within 
the same geographic area area, i.e., Roooaroh Triangl e. 

(e) If an employee is receiving a higher rate of pay by 
virtue of working in a position to which a geographic 
differential applies and transfers to a position to which a 
geographic differential does not a pply, whether apply 
(whether in the same geographic area to a position without 
a differential, or to the same job in a geographic area 
without a differential) differential, the employee's pay rate 
must be reduced by the amount of the differential the 
employee had been receiving. 

Statutory Authority G.S. 126-4. 

SECTION .1000 - REINSTATEMENT 

.1001 DEFINITION 

Reinstatement is: 

(1) the reemployment with a permanen t permanent, 
trainee or time-limited permanent appointment of 
a former employee with a full-time or part-time 
(20 hours or more) permanent, trainee or 
time-limited permanent appointment with who has 
been on leave without pay or who had a break in 
service and within five years following the date - of 
separation . Although the e mploy ee is eligibl e for 
reinstat e ment to p e rmanent appointm e nt Except for 
employees who have reduction-in-force priority 
consideration , the agency head «y may choose to 
offer reemployment with a probationary appoint- 
ment. The employee witt shall meet all require- 
ments of the probationary period the same as for 
original appointments; 

(2) the reemployment with a probationary appointment 
of a former employee with a full-time or part-time 
(20 hours or more) probationary appointment who 
has been on leave without pay or who had a break 
in service. The employee must serve either the 
remainder of the probationary period or a new 
probationary period; 

{¥) [3] the return to a nonpolicy-making position of 
an employee who transferred to or occupied a 
position designated as policy-making exempt. 

Statutory Authority G.S. 126-4. 

.1005 EFFECTIVE DATE 

A reinstatement may be made effective on any scheduled 
workday in the pay period. When the first day of a pay 
period falls on a nonworkday and the employee begins work 
on the first workday, the date to begin work w-itt shall be 
shown as the first day of the pay period. However, if the 
position requires work on such days, the date witt shall be 



the day the employee actually begins work. 
Statutory Authority G.S. 126-4. 

.1009 VETERANS 

Veterans. Employees with a permanent, probationary, er 
trainee or time-limited permanent a ppointment who resigned 
or were granted leave without pay to serve in the Armed 
Services of the United States and are reinstated within the 
provisions of the Military Leave Policy ar e e ligible for 
roinotatom eBt shall be reinstated to the same position or one 
of like status, seniority and pay regardless of length of 
previous service. If, during military service, an employee 
is disabled to the extent that duties of the original position 
cannot be performed, the employee shall be reinstated to a 
position for which the employee is qualified and in which 
the employee would be able to perform the essential job 
functions, with duti e s oomm e nourat e with th e disability, if 
any such position is available. 

Statutory Authority G.S. 126-4. 

. 1010 SALARY RATE UPON REINSTATEMENT 

(a) When an employee is reinstated within one year, the 
following shall a pply: 

(1) If reinstated to the same salary grade within one 
year from the o e paration dat e to th e oam e olaooi 
fication level , the sew maximum salary shall be 
the employee's previous salary plus io dote? 
min e d by adjuoting th e pr e vious salary of that 
individual -fey any legislative increase or other 
general adjustments in level which has occurred 
since the separation. A lower salary may be 
paid except as provided in Subparagraph (a)(4) 
of this Rule. A higher salary shall not be paid 
unless justified by intervening employment and 
equity considerations. 

(4-) {2} If reinstated to a higher salary grade within 
one year, the maximum salary shall be the 
employee's previous salary, adjusted by any 
legislative increase or other general adjustment 
in level, plus a promotional increase determined 
in accordance with the Promotion Policy. A 
lower salary may be paid except as provided in 
Subparagraph (a)(4) of this Rule, o r lower 
olaooi fioation l e v e l, th e adjuot e d pr e vious salary 
b e oom e o th e baoio for d e t e rmining th e new 
starting salary in accordance with the policioo on 
promotion or demotion as is appropriate. 

(5) (3) If reinstated to a lower salary grade within 
one year, the maximum salary shall be the 
employee's previous salary, adjusted by any 
legislative increase or other general adjustment 
in level, but not to exceed the maximum allowed 
by the Demotion or Reassignment Policy. A 
lower salary may be paid except as provided in 
Subparagraph (a)(4) of this Rule. A salary 



990 



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September 15, 1995 10:12 



PROPOSED RULES 



lower than allowed under Subparagraph (a)(1) of 
thio Rule may b e paid; however a high e r oalary 
may not b e paid unl e oo it is justifi e d by int e rv e n 
ing employment. 
(4) If the employee has reduction-in-force priority 
consideration and accepts a position at the same 
or a lower grade than held at the time of separa- 
tion, the salary shall be set in accordance with 
G.S. 126-7. Ka2). If the employee accepts a 
position at a higher grade, the salary shall be at 
least the same salary rate as in the previous 
position and may be higher in accordance with 
the provisions of Subparagraph (a)(2) of this 
Rule. If the employee accepted a position at a 
lower grade with a reduction in salary and is 
subsequently promoted, the following shall 
a pply: 

(A) If to the same salary grade as held at the time 
of separation, the salary shall be determined in 
accordance with G.S. 126-7. Ka2). 

(B) If to a higher salary grade than held at the 
time of separation, the salary shall be at least 
the same salary rate as in the previous position 
and may be higher in accordance with Sub- 
paragraph (a)(2) of this Rule. 

(C) If to a lower salary grade than held at the time 
of separation, the salary shall be the em- 
ployee's salary at the time of separation or the 
new salary grade maximum whichever is less. 

CD) If reinstated with a lower salary than held at 
the time of separation, the agency shall in- 
crease the salary as soon as funds are available 
retroactive to the date of reinstatement. 

(b) When an employee is reinstated after one year from 
the separation date, the new salary «ay shall be determined 
as outlined under Subparagraphs (a)(1). (a)(2) and (2) or 
(a)(3) of this Rule or as a new appointment and justified 
accordingly when required. 

(c) Upon reinstatement from military leave, an em- 
ployee's salary shall be based on the last salary plus any 
general increases due while on leave. The addition of 
performance salary increases may be considered by the 
agency head if appropriate. If the employee was in trainee 
status at the time of military leave, the addition of trainee 
adjustments may be considered if it can be determined that 
the military experience directly related to the development 
in the area of work to be performed. 

Statutory Authority G. S. 126-4. 

SECTION .1900 - HOURS OF WORK AND 
OVERTIME COMPENSATION 

.1928 COMPENSATION 

(a) The employee is to receive straight-time pay for a 
standard 40-hour workweek, with the provision that an 
additional amount equal to time and one-half the employee's 



regular hourly rate multiplied by the number of hours 
worked in excess of 40 will be added to the base pay. Such 
payment must be made in form of monetary compensation 
or compensable time off. It is the policy of the State of 
North Carolina, whenever possible, to give compensatory 
time off, in lieu of monetary compensation for hours 
worked in excess of 40 hours per work week. The decision 
as to whether to give compensatory time off, rather than 
monetary compensation, for overtime worked is solely 
within the discretion of management. Compensatory time 
off shall be scheduled by management, although reasonable 
effort shall be made to accommodate the employee as to 
such scheduling. 

(b) An employee shall be given compensatory time off on 
the basis of one and one-half times the amount of time 
worked beyond 40 hours during a week;. Compensatory 
time may be accumulated up. to a maximum of 240 hours 
(160 hours straight time) and shall be taken within \2 
months ; but such time off muot bo tok e n within 30 d ays 
from the date the overtime is performed or by the end of the 
following calendar month, whichever is longer . If compen- 
satory time off is not given by the end of the 12-month 
oal e ndar month following the 30 day period, the overtime 
pay must shall be included in the employee's next regular 
paycheck. Any overtime worked above this amount shall be 
paid in the employee's next regular paycheck. Overtime 
worked shall be recorded and compensated in units of 
one-tenth of an hour. 

NOTE: The preceding provisions are not applicable to 
persons in law enforcement or fire protection activities and 
in residence employees. 

(c) Prior to employment, each successful candidate for 
state employment in a position subject to hours of work and 
overtime pay standards must sign a form acknowledging that 
it has been explained to him that it is the state's policy to 
give time off in lieu of monetary compensation, wherever 
possible, for hours worked beyond 40 in a work week. 
Agreement to this is a condition of employment with the 
state; failure or refusal to sign such agreement will prevent 
employment of that person. This signed form shall be a 
part of the employee's personnel file; it must be kept for at 
least three years following that person's separation from 
state employment. 

(d) Upon transfer to another agency or termination of 
employment, an employee shall be paid for unused compen- 
satory time off at a rate of compensation not less than either 
the average regular rate received by such employee during 
the last three years of the employee's employment or the 
final regular rate received by such employee, whichever is 
higher. 

Statutory Authority G.S. 126-4. 

SECTION .2600 - IN-RANGE SALARY 
ADJUSTMENT 

.2601 PURPOSE 



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991 



PROPOSED RULES 



Agencies are authorized to grant in-range salary adjust- 
ments to their current employees with permanent position 
a ppointments. Prior to granting increases pursuant to this 
Rule, agencies shall petition the State Personnel Commission 
for a pproval of an in-range salary adjustment plan. Salary 
increases provided by this Rule shall not be allowed with 
inter-agency employee transfers. Upon a pproval of an 
in-range salary adjustment plan, agencies are authorized to 
grant in-range salary adjustments under the following 
circumstances: 
(1) To compensate employees for changes in duties 
and responsibilities as documented by position 
descriptions and work plans which shall be revised 
and retained by the agency where significant 
changes have occurred in duties and responsibili- 
ties which: 

(a) are at a higher level, but are not substantial 
enough to justify a higher salary grade through 
reclassification or a salary range revision: or 

(b) are at the same level, but the changes increase 
the variety and scop e of duties, and/or account- 
ability of the employee. 

If the change in duties and responsibilities exists 
only for a limited time period, the employee's 
salary shall be reduced to the previous level when 
the additional duties and responsibilities are 
removed. 

£2} To establish equitable salary relationships among 
employees performing the same type and level of 
work considering education, skill, related work 
experience, length of service and performance 
level. A salary inequity is defined as a situation 
where the salaries of employees in positions of the 
same classification differ by more than 10% when 
considering education, skill, related work experi- 
ence, length of service and performance level. 

(3) To increase employees' salaries in order to reduce 
turnover due to market or other conditions that 
may affect retention. Conditions to be met are: 

(a) Serious salary inequities would not be created by 
a special salary adjustment. 

(b) The position duties are key to agency or pro- 
gram mission accomplishment. The knowledge, 
skills, and abilities required of an incumbent are 
clearly identified as difficult to recruit, or the 
occupational group is acknowledged by the 
Office of State Personnel as having a critical 
labor market shortage. 

The agency must confirm that the use of estab- 
lished personnel policies/actions are not feasible 
alternatives to a special salary adjustment (pro- 
motion, position reallocation, salary range 



Id] 



revision, performance increase). 

The agency must confirm that other management 

alternatives are not feasible. 

The employee for whom the special salary 

adjustment is proposed must have an above 



satisfactory performance level. 
Statutory Authority G. S. 126-4. 

.2602 AGENCY RESPONSIBILITIES 

Agencies shall: 

(1) Develop and submit to the Office of State Person- 
nel an in-range salary adjustment plan that shall: 

(a) Document management's commitment to the fair 
and equitable implementation of salary adjust- 
ments. 

(b) Provide a mechanism for plan policies and 
procedures that ensures employee understanding. 

(c) Establish a procedure for identifying the need 
for, and determining the priority and fiscal 
feasibility of. implementing in-range salary 
adjustments. This shall include a method for 
determining individual salary adjustments consid- 
ering internal equity, salary history, consistency, 
fairness within the work unit and organization, 
and salary increases granted under other rules in 
this Subchapter. 

(d) Ensure that no employee shall be granted more 
than a 10% salary increase under this Rule 
within a one-year period. 

(e) Ensure that salary increases granted to an em- 
ployee under other salary administration rules 
after an in-range adjustment shall be offset by 
the amount of the in-range increase to the extent 
that the factors used to justify the subsequent 
increase were the same as those used to justify 
the in-range increase. 

(f) Ensure that the amount of an in-range salary 
adjustment for an employee who has previously 
received a salary adjustment under other salary 
administration rules shall be offset by the 
amount of the previous increase to the extent 
that the factors used to justify the previous 
increase are the same as those being used to 
justify the in-range increase. 

(g) Provide that the amount of a promotional in- 
crease of an employee transferring from another 
agency shall be offset by the amount of any 
previous in-range adjustment based upon the 
same factors. 

(b.) Provide for the administration of these Rules 
such that the agency does not engage in unlawful 
discrimination. 

(i) Establish procedures to document the justifica- 
tion of all in-range adjustments including placing 
a summary of the justification on the Personnel 
Action Form (PD-105) and: establish procedures 
to monitor, analyze and report trends annually 
including the impact on all demographic groups 
in granting increases, exceptions granted and the 
fiscal impact of administering these Rules on the 
agency budget. 



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(j) Designate a plan administrator who shall review 
and monitor agency administration and provide 
technical assistance in the administration of the 
plan to agency management- 
Ac) Establish a procedure for updating and revising 
the plan in response to changing budgetary and 
organizational priorities. 
£2) Review the plan annually and submit any proposed 
revisions to the Office of State Personnel. 

(3) Administer in-range adjustments according to their 
plan and Office of State Personnel requirements. 

(4) File a report annually, or as requested, with the 
Office of State Personnel, regarding the adminis- 
tration of compensation and related personnel 
policies. 

Statutory Authority G. S. 126-4. 

.2603 OFFICE OF STATE PERSONNEL 
RESPONSIBILITIES 

The Office of State Personnel shall: 

(1) Provide training and technical assistance in the 

development of the agency plan. 
£2) Review agency in-range adjustment plans and 

recommend disposition to the State Personnel 

Commission. 
(3") Monitor and audit agency adherence to their plan 

and State Personnel Commission requirements. 

Statutory Authority G. S. 126-4. 

.2604 STATE PERSONNEL COMMISSION 
RESPONSIBILITIES 

Beginning in April 1996. the State Personnel Commission 
shall: 
(1) A pprove all plans and all plan changes prior to 

implementation by any agency. 
£2} Review the agency reports for compliance with 

these Rules and agency in-range adjustment plan. 
(3) Impose sanctions on agencies that fail to comply 

with these Rules. Such sanctions shall include but 

not be limited to: 
(a") letters of warning: 

(b) limitations on agency authority to grant in-range 
salary adjustments: and 

(c) withdrawal of agency authority to grant the 
in-range salary adjustments. 



(1) a statement from a medical doctor or other aooopt 
able proof evidence satisfactory to the agency that 
the employee was unable to work due to personal 
illness, family illness, or death in the family; or 

(2) evidence satisfactory to the agency in support of 
an employee's request for sick leave for adop- 
tion-related purposes. 

Statutory Authority G.S. 126-4. 

.0305 USE OF SICK LEAVE 

Sick leave may be used for: 

(1) illness or injury which prevents an employee from 
performing usual duties; 

(2) the actual period of temporary disability connected 
with childbearing or recovery therefrom as defined 
in this Rule: 

(a) the natural biological mother may use accumu- 
lated sick leave for the actual period of tempo- 
rary disability caused or contributed to by preg- 
nancy and childbirth. 

(b) a member of the employee's immediate family 
may request sick leave to care for the mother 
and newborn infant during the natural biological 
mother's period of temporary disability. Since 
there is no certainty as to when disability actu- 
ally begins and ends, a doctor's certificate or 
other evidence satisfactory to the agency shall be 
required verifying the employee's period of 
temporary disability. 

(3) medical appointments of the employee's immediate 
family (this includes dependents); 

(4) the illness of a member of the employee's immedi- 
ate family; 

Note: It is not required that the immediate family be living 
in the employee's household. 

(5) the death of a member of the employee's immedi- 
ate family; 

(6) donation to a member of the employee's immedi- 
ate family who qualifies for Voluntary Shared 
Leave - . Leave; 

(7) adoption of a child, limited to a maximum of 30 
workdays for each parent. 

Statutory Authority G.S. 126-4. 

SECTION .1000 - MISCELLANEOUS LEAVE 



Statutory Authority G.S. 126-4. 

SUBCHAPTER IE - EMPLOYEE BENEFTTS 
SECTION .0300 - SICK LEAVE 

.0304 VERIFICATION 

To avoid the abuse of sick leave privileges, the appointing 
authority may require: 



.1001 JURY DUTY 

(a) A full-time or part-time employee with a permanent, 
probationary, er trainee or time-limited permanent a ppoint- 
ment e mploy «e-who serves on a jury is entitled to civil leave 
with pay and rogular componoation, plus fees received for 
jury duty. The employee should report back to work as 
soon as jury duty is completed, or no later than the day 
following completion of duty. If the jury duty occurs on a 
scheduled day off, the employee be is not entitled to 



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993 



PROPOSED RULES 



additional time off. 

(b) When serving on jury duty a second shift employee 
Qorvoo on a jury duty, h e shall will not be required to work 
on the day that jury duty occurs. When serving on jury 
duty a third shift employee servos on a jury duty, he shall 
wiU not be required to work the shift that begins on the day 
prior to the day that jury duty occurs. This applies to all 
employees, regardless of the length of shift. 

Statutory Authority G.S. 126-4. 

.1002 COURT ATTENDANCE OR JOB RELATED 
PROCEEDING 

{fe) (a} When an employee as defined in Rule .1001(a) of 
this Section is subpoenaed or directed by proper authority to 
appear as a witness, civil leave with pay shall be granted. 
Any fees received shall be turned in to the agency. The 
employee may use vacation leave rather than take civil leave 
with pay in which case any fees received may be retained. 

(b) A job related proceeding is a management approved 
quasi judicial function arising out of and in the course and 
scope of the employment for which leave with pay is 
approved. 

(ft) (c) When an employee as defined in Rule .1001(a) of 
this Section or an employee with a temporary a ppointment 
attends court or a job related proceeding in connection with 
official duties, leave with pay shall be granted, no l e av e io 
required . Fees received as a witness while serving in an 
official capacity shall be turned in to the agency. (When 
When an employee is required to attend court on a day that 
would normally be an off day, the time is to shall be 
considered as working time and included in the total hours 
worked per week.) week. 

Statutory Authority G.S. 126-4. 

SECTION .1100 - OTHER LEAVES WITHOUT PAY 

.1110 SPECIAL PROV/PARENTAL LEAVE/EMPL 
NOT ELIGIBLE/FAMILY/MEDICAL LEAVE 

(a) The natural biological parents of a newborn infant and 
the parents of a newly-adopted child und e r fiv e y e ars of ag e 
may request leave without pay under provisions of this 
Subchapter. The natural mother may use Accumulated sick 
leave may be used: 

(1) by the parents or a member of the immediate 
family for the actual period of temporary disabil- 
ity caused or contributed to by pregnancy and 
childbirth; or 

(2) by the parents for adoption purposes, limited to 
30 workdays. 

See "Uses of Sick Leave" in Rule .0305 of this Subchapter. 

(b) The agency head shall grant leave without pay to the 
natural biological mother for all of the time of personal 
disability not covered by sick leave,, {either because the 
employee has exhausted all sick leave or prefers to retain 
it). Since there is no certainty as to when disability actually 



begins and ends, a doctor's certificate shall be required 
verifying, on a prescribed form, the employee's period of 
temporary disability. 

(e) — The natural mother may desire to bo on leave from 
work prior to and/or after the time of actual disability. 
L e av e without pay may b e granted for thin purpooe under 
th e provisions of th e Subchapt e r. 

(d) Leave without pay for the parent of an adopted child 
can begin no earlier than one week prior to the date the 
par e nt r e c e iv e s oustody of th e ohild. 

Statutory Authority G. S. 126-4. 

SUBCHAPTER 1H - RECRUTTMENT AND 
SELECTION 

SECTION .0600 - GENERAL PROVISIONS 

.0628 RESOLUTION OF CONFLICT BETWEEN 
EMPLOYMENT PRIORITIES 

(a) In the ovont that the applicant group includes both a 
qualifi e d non state employee votomn and a qualifi e d ourront 
state employ ee with oar ee r status as d e fin e d by G.S. 
126 1A, who is seeking a promotional opportunity, the 
current stat e employee shall bo offered the position if the 
appointing authority dotorminoo, consist e nt with tho promo 
tional priority polioy, that tho qualifications of the v e teran 
and tho current state employee are substantially equal. 

(b) — Tho same priority over any non state employee 
applicant shall apply to state e mploy ee s separated from 
polioy making e x e mpt positions for r e asons oth e r than 
cause, state employees notified or separated by reduction in 
force and on active priority reemployment — status, — emS 
employees — r e turning to stat e e mploym e nt — following a 
disability du e to on th e job injury. 

Statutory Authority G.S. 126-1 A; 126-4; 126-7.1; 126-39. 

SUBCHAPTER II - SERVICE TO LOCAL 
GOVERNMENT 

SECTION .2300 - DISCIPLINARY ACTION: 
SUSPENSION, DISMISSAL AND APPEALS 

.2301 JUST CAUSE FOR DISCD7LINARY ACTION 

(a) Any perman e n t employee, regardless of occupation, 
position, or profession may be warned, demoted, suspended 
or dismissed by the appointing authority. Such actions may 
be taken against employees with permanent status, as 
defined in 25 NCAC H .2002(a)(2), only for just cause. 
The degree and type of action taken shall be based upon the 
sound and considered judgment of the appointing authority 
in accordance with the provisions of this Rule. When just 
cause exists the only disciplinary actions provided for under 
this Section are: 

(1) Written warning: 

(2) Disciplinary suspension without pay; 



994 



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PROPOSED RULES 



(3) Demotion; and 

(4) Dismissal. 

(b) There are two bases for the discipline or dismissal of 
employees under the statutory standard of "just cause" as set 
out in G.S. 126-35. These two bases are: 

(1) Discipline or dismissal imposed on the basis of 
unaoooptable unsatisfactory job performance, 
including grossly inefficient job performance. 

(2) Discipline or dismissal imposed on the basis of 
unacceptable personal conduct. 

(o) Tho torm "unacc e ptable job p e rformanoo" moano th e 
failure to aatiofactorily perform job requirements ao opoci 
fiod in tho job description, work plan, or as directed by 
management of th e work unit or ag e ncy. — Satisfactory 
porformanoo io that p e rformanc e which io r e asonabl e und e r 
all tho circumotanooo. Determination of satisfactory porfor 
manco shall bo made by tho ouporvisor; there in a proaump 
tion that tho determination io proper and faotually supported, 
(d) Tho torm "unaoooptabl e p e rsonal oonduot" io d e fin e d 
asr 

(4) oonduot for which no reasonable person should 

oxpoot to r e o e iv e prior warnin gst 

(3) job related oonduot whioh constitut e s a violation 

of state or federal laws; 

(3) conviction of a felony or an offonso involving 
moral turpitud e ; 

(4) tho willful violation of known or writt e n work 

rules; or 
(S) conduct unbecoming an employee that i s dotri 

mental to th e ag e noy. 

(c) (e) Either unaoooptable unsatisfactory or grossly 
inefficient job performance or unacceptable personal 
conduct, as defined in 25 NCAC H .2302(a); .2303(a); and 
.2304(b), constitutes just cause for discipline or dismissal. 
The categories are not mutually exclusive, as certain actions 
by employees may fall into both categories, depending upon 
the facts of each case. No disciplinary action shall be 
invalid solely because the disciplinary action is labeled 
incorrectly. 

(d) The imposition of any disciplinary action shall comply 
with the procedural requirements of this Section. 

Statutory Authority G.S. 126-5; 126-35. 

.2302 DISMISSAL FOR UNSATISFACTORY 
PERFORMANCE OF DUTIES 

(a) This oategory cov e rs all types of performanc e r e lat e d 
inadequacies. This policy does not require that progressive 
warnings all — concern — tho same — typo of unsatisfactory 
p e rforrmnc e . — Warnings r e lated to p e rsonal oonduot may bo 
includ e d in th e progr e ssiv e syst e m for p e rformanoo related 
dismissal provided that tho employee receives at least tho 
number of warnings, regardless of tho basis of tho warnings, 
r e quir e d for dismissal on th e baois of inadequat e p e rfor 

manoe. Warnings administ e r e d und e r this polioy or e 

intended to bring about a permanent improvement in job 
porformo fleei — should — the — required — improvement — later 



deteriorate, of othe r inadequacie s ooour, tho supervisor may 
d e al with this n e w unsatisfactory p e rformanc e at th e n e xt 
level of d i scipline. 

(b) — Employees who are dismissed for unsatisfactory job 
performance shall reoeive at least throe warnings! — First, 
on e or mor e oral warnings; s e cond, a written warning to th e 
employe e documenting all relevant points oovorod in tho 
disciplinary discussion; third, a final written warning which 
notifies tho employee that failure to moke tho required 
p e rformanc e improvem e nt!) may result in dismissal. 

fe) — In administering this polioy, oup e rviooro shall b e 
aware that, in part, the intent of this policy is to assist and 
promote improved employee performance, rather than to 
punish. 

^ Oral Warning: 



(A) — Tho supervisor is responsible for assuring tho 
satisfactory porformanoo work assigned to his 
unit. — Wh e n, in th e judgment of th e suporvi 
sor, unsatisfactory p e rformanc e ooouro, th e n 
use of tho disciplinary process may bo appro 
priato. 
(E) — In a privat e dioouooion with th e e mployee, -the 
sup e rvisor/or d e signated manag e m e nt r e pr ese n 
tativo shall do tho following; 

(*) Inform tho employee that this is a warn 

ing, and not som e oth e r non disciplinary 
proo e ss suoh as couns e ling; 

(») Inform tho employee of tho specific per 

formanco deficienc i es that are tho basis for 
th e warni agf 

(*») T e ll th e e mployee what sp e cific improve 

roonts must bo made to correct tho unsatis 
factory pcrforiuan eet 

fiv) L e t th e e mploy ee know what tim e i s b e ing 

allowed to mak e th e required improve - 
ments; 

(v) Tell the employee of tho consequences of 

failing to mak e th e requir e d improve 
m e nto. 
Note; It io a r e comm e nd e d p e rsonn e l praotio e to allow th e 
employee to respond to the specific reasons for tho warning. 
In s ome oases this may affoot tho supervisor's decision on 
wh e th e r to discipline an e mployee. — Sup e rvisors may also 
r e cord th e date and sp e cifics of th e warning for possible 
future use. 

(3) Written Warning. In a private mooting with tho 

e mployee tho oup e rvioor/or designated manage - 
ment representative shall: 
(A) — Conduct a disciplinary conference with tho 
employee; — this disciplinary conference may 
follow tho sam e ot e po ao set forth for an oral 
war ning; 
(B) — Toll tho employee ho will receive a written 
warning covering all significant pointo of this 
oonf e r e no e ; 
(€) — Pr e pare and s e nd to th e employ ee a written 
warning covering significant pointo of tho 



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995 



PROPOSED RULES 



disciplinary conference; care shall bo taken to 
include the opooifio reasons for th e warning. 
Notci Roferonoo may b e made in thio warning to dooum e nt 
an oarlior oral warning. 

(3} Final Written Warni agt 

(A) — Boforo issuing tho final written warning, tho 
supervisor and appropriate agency manag e m e nt 
ahall roviow tho oont e nts of th e wora iag-: — The 
following otop3 ohail bo taken in issuing a final 
written wamin gi- 

(i) Prepare a final writt e n warning to th e 

employee; oare shall b e taken to includ e 
tho specific roaoona for tho warning; 

(ii) In private, conduct a disciplinary confer 

onoo with th e employ ee ; at this confer 
onoo, th e opooifio reason for th e aotion, th e 
necessary — improvements — aad — the — timo 
allowed to make improvomonto should bo 
dioouss e d; 

(iii) Frooont tho warning to th e e mploye e at th e 

end of tho conforonco; tho employee shall 
bo informed, either omlly in tho warni agr 
that failur e to oorr e ot th e unsatisfactory 
porformano e may result in dismissal. 
(B) — During tho period aftor tho final written warn 
ing has boon given, management, in its discro 
tion, may ohooso to couns e l with tho employee 
oonoorning his e mploym e nt status b e for e a 
decision to dismiss ia made. Such counseling 
shall involve a discussion of tho necessity for 
tho employe e 's commitment to improv e p e rfor 
manoo. As a part of this couns e ling, manag e 
mont may request tho employee to take up to 
a day's leave with pay to consider whether or 
not the e mployee wish e s to continu e his e m 
ploymont with th e ag e noy. — This tim e away 
from tho job site shall not bo charged to tho 
employee's vacation or sick leave; it shall bo 
oonoidored as th e e mploy ee 's assignm e nt for 
that tim e not at th e normal job sit e . — It shall be 
stressed to tho employee that a decision to 
continue employment with tho agency will 
r e quir e — a commitment — to improv e p e rfor 
mano e , and that a laok of improv e m e nt will 
load to dismissal. — Clearly, such a procedure is 
not suitable in all s ituations; management is 
e xp e ot e d to us e its discr e tion to determine 
wh e r e suoh a proc e dur e would benefit tho 
employee and tho agency. 

(a) Unsatisfactory Job Performance is work related 
performance that fails to satisfactorily meet job requirements 
as specified in the relevant job description, work plan or as 
directed by the management of the work unit or agency. 

(b) In administering this Section, supervisors should be 
aware that, in part, the intent of this Section is to assist and 
promote improved employee performance, rather than to 
punish. This category covers all types of perfor- 



mance-related inadequacies. This Section does not require 
that successive disciplinary actions all concern the same type 
of unsatisfactory performance. Disciplinary actions related 
to personal conduct may be included in the successive 
system for performance-related dismissal provided that the 
employee receives at least the number of disciplinary 
actions, regardless of the basis of the disciplinary actions, 
required for dismissal on the basis of inadequate perfor- 
mance. Disciplinary actions administered under this Section 
are intended to bring about a permanent improvement in job 
performance; should the required improvement later 
deteriorate, or other inadequacies occur, the supervisor may 
deal with this new unsatisfactory performance with further 
disciplinary action. 

(c) In order to be dismissed for a current incident of 
unsatisfactory job performance an employee must first 
receive at least two prior disciplinary actions: First, one or 
more written warnings; followed by a warning or other 
disciplinary action which notifies the employee that failure 
to make the required performance improvements may result 
in dismissal. 

£d] Prior to the decision to dismiss an employee, the 
agency director must conduct a pre -dismissal conference 
with the employee in accordance with the procedural 
requirements of this Section. 

(e) An employee who is dismissed must receive written 
notice of the specific reasons for the dismissal, as well as. 
notice of any applicable appeal rights. 

(f) Failure to give specific written reasons for the dis- 
missal, failure to give written notice of applicable a ppeal 
rights, or failure to conduct a pre-dismissal conference 
constitute procedural violations with remedies as provided 
for in 25 NCAC IB .0432. Time limits for filing a griev- 
ance do not start until the employee receives written notice 
of any applicable a ppeal rights. 

Statutory Authority G.S. 126-4; 126-35. 

.2303 DISMISSAL FOR GROSSLY INEFFICIENT 
JOB PERFORMANCE 

Boforo on employee may bo dismissed, tho following shall 
ooour: 

{+) The — Sup e rvisor r e comm e nding dismissal shall 

discuss — the — recommendation — wkh — appropriate 
agoncy management and receive management's 
authorization to hold a pr e dismissal oonforonoo 

with — the — e mploy ee . The — purpose — ef — the 

pro dismissal oonforonoo is to roviow tho rooom 
mondation with tho affected employee, and by 
listening to and consid e ring information put forth 
by the employee, to insur e that suoh a significant 
personnel action is not based on mistaken or 
erroneous information and conclusions. 

(5) Th e d e signated manag e ment repres e ntativ e shall 

soh e dul e and eonduot a pr e dismissal oonf e ronoo 

with tho employ ee: Advance notice of tho 

pro dismissal conference must bo givon to tho 



996 



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September 15, 1995 10:12 



PROPOSED RULES 



> 



employe e: — A second management representative 
or ooourity personnel may b e pr e s e nt at man age- 

mont'o dioorotion. No attornoyo r e pr e s e nting 

either oido may attend the conference. — In the 
conference, the Supervisor shall give the employee 
oral or written notioo of the rooomm e ndation -fef 
d i smissal, — inoluding opooifio — reasons — for- — the 
proposed dismissal and a summary of the informa 
tion supporting that rocommondatio tt: — The em 
ployoe shall have an opportunity to r e spond to th e 
propooed dismissal, to refut e information support 
ing the recommended dismissal action and to offer 
information or arguments to support his position. 
Every effort shall bo made by th e Sup e rvisor or 
the — designate d — management — representative to 
assure that the employee has had a full opportunity 
to 9ot forth any information in his possession in 
opposition to his dismissal prior to th e e nd of th e 
oonfor e no e . 

(3} Following — the — conference, — management — s hall 

review and consider the response of the employee 
and roaoh a decision on the propos e d r e comm en- 
dation. If management's d e c i sion is to dismiss th e 
employee, a written letter of dismissal shall bo 
prepared — containin g — the — specific — reasons — for 
dismissal, th e e ffective dat e of th e dismissal and 
the employe e 's appeal righto. — To minimize th e 
risk of dismissal upon erroneous information, and 
to allow time following the conference for man 
agomont to review all necessary information, th e 
dec i sion to dismiss should normally not b e oom 
munioatod to the employee prior to the beginnin g 
of the next business day following the conclusion 
of the pro dismissal oonf e r e no e . — The employe e 
shall b e inform e d of th e d e cis i on and furnish e d, 
either in person or by mail, a copy of the letter of 
dismissal, receipt of which shall constitute dis 
missal. A manag e m e nt d e cision not to dismiss th e 
employ ee may b e commun i cat e d to th e e mploy ee 
at any time following the conclusion of the confer 

(4-) The effectiv e dat e of a dismissal for unsatisfactory 

job performanc e shall bo det e rmin e d by manag e 
mont. — A permanent employee who is to bo dis 
missed for unsatisfactory job performance may, at 
manag e m e nt's discr e tion, b e giv e n up to two 
w ee ks' working notioo of his dismissal. Instead of 
providing up to two weeks' working notioo and at 
tho discretion of management, an employee may 
b e giv e n up to two weeks' pay in li e u of th e 
working notio e . — Suoh working notio e or pay in 
lieu of notice is applicable only to dismissals for 
unsatisfactory job performance. Tho effective date 
of tho dismissal shall not bo earlier than tho letter 
of dismissal nor mor e than 1 A cal e ndar days aft e r 
tho notioo of dismissal. 

(a) Gross Inefficiency (Grossly Inefficient Job Perfor- 



mance) occurs in instances in which the employee: fails to 
satisfactorily perform job requirements as specified in the 
job description, work plan, or as directed by the manage- 
ment of the work unit or agency; and that failure results in: 

(1) the creation of the potential for death or serious 
harm to a clientfs), an emplovee(s'). members of 
the public or to a person(s) over whom the 
employee has responsibility; or 

(2) the loss of or damage to agency property or 
funds that result in a serious impact on the 
agency and/or work unit. 

(b) Dismissal on the basis of grossly inefficient job 
performance is administered in the same manner as for 
unacceptable personal conduct. Employees may be dis- 
missed on the basis of a current incident of grossly ineffi- 
cient job performance without any prior disciplinary action. 

(c) Prior to dismissal of an employee with permanent 
status on the basis of grossly inefficient job performance, 
there shall be a pre-dismissal conference between the 
employee and the agency director. This conference shall be 
held in accordance with the provisions of 25 NCAC H 
.2308. 

(d) Dismissals for grossly inefficient job performance 
require written notification to the employee. Such notifica- 
tion must include specific reasons for the dismissal and 
notice of the employee's right of a ppeal. 

(e) Failure to give specific written reasons for the 
dismissal, failure to give written notice of applicable a ppeal 
rights, or failure to conduct a pre-dismissal conference 
constitutes procedural violations with remedies as provided 
for in 25 NCAC IB .0432. Time limits for filing a griev- 
ance do not start until the employee receives written notice 
of any a pplicable a ppeal rights. 

Statutory Authority G.S. 126-4(7a). 

.2304 DISMISSAL FOR PERSONAL CONDUCT 

(a) Employees may be dismissed for a current incident of 
d e moted, susp e nd e d, or warn e d on th e basis of unacceptable 
personal conduct discipline may bo imposed, as a result of 
unacceptable conduct, up to and including dismissal without 
any prior warning to th e employe e. Oral or writt e n warn 
ings giv e n for unacc e ptabl e personal conduct aooording to 
this Rule cannot bo used to shorten tho progressive warning 
proce s s required to dismiss an employee on tho basis of 
unsatisfactory' job performance. 

(b) Disciplinary demotions, susp e nsions or dismissals for 
personal conduct require written notification to tho em 
ployeo. Such notification must include specific reasons for 
th e disciplin e and notio e of th e e mployee's right of app e al- 
Unacceptable Personal Conduct is: 

(1) c onduct for which no reasonable person should 
expect to receive prior warning; or 

(2) job related conduct which constitutes a violation 
of state or federal law; or 

(3) conviction of a felony or an offense involving 
moral turpitude that is detrimental to or impacts 



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September 15, 1995 



997 



PROPOSED RULES 



the employee's service to the agency; or 

(4) the willful violation of known or written work 
rules; or 

(5) conduct unbecoming an employee that is detri- 
mental to the agency's service: or 

(6) the abuse of client(s), patient(s). student(s) or a 
person(s) over whom the employee has charge 
or to whom the employee has a responsibility, or 
of an animal owned or in the custody of the 
agency; or 

(7) falsification of an employment a pplication or 
other employment documentation; or 

(8) insubordination which is the willful failure or 
refusal to carry out a reasonable order from an 
authorized supervisor. Insubordination is con- 
sidered unacceptable personal conduct for which 
any level of discipline, including dismissal, may 
be imposed without prior warning; or 

(9) absence from work after all authorized leave 
credits and benefits have been exhausted, 

(c) Prior to dismissal of a perman ent- an employee with 
permanent status on the basis of unacceptable personal 
conduct, there shall be a pre-dismissal conference between 
the employee and the person recommending dismissal the 
agency director . This conference shall be held in accor- 
dance with the provisions of 25 NCAC II tS303 .2308 . 

(d) Dismissals for unacceptable personal conduct require 
written notification to the employee. Such notification must 
include specific reasons for the dismissal and notice of the 
employee's right of a ppeal. 

(e) Failure to give specific written reasons for the 
dismissal, failure to give written notice of applicable a ppeal 
rights or failure to conduct a pre-dismissal conference 
constitutes procedural violations with remedies as provided 
for in 25 NCAC IB .0432. Time limits for filing a griev- 
ance do not start until the employee receives written notice 
of any a pplicable a ppeal rights. 

Statutory Authority G.S. 126-1; 126-4; 126-35. 

.2305 WRITTEN WARNING 

Invootigatory or disciplinary s uspension may b e us e d by 
manag e m e nt in appropriate oiroumotano e s. — How e v e r, th e 
following provisions shall control its use: 

ft) An employee who has been suspended for either 

investigator) 1 or disciplinary — r e asons — must — be 
plao e d on oompulsory l e av e of abs e no e without 

P Q )'- 

f2-) Investigatory suspension without pay may bo used 

to provid e tim e to inv e stigat e , e stablish foots, and 
reach a d e cision conc e rning an employee's status 
in those cases whore it is determined the employee 
should not continue to work ponding a decision- 
Inv e stigatory — suspension without pay — may — be 
appropriately us e d to provid e tim e to schedul e and 
hold a pro dismissal conforonoo. — Also, manage 
mont may elect to uso investigatory suspension in 



order to avoid undue disruption of work or to 
prot e ot th e saf e ty of parsons or prop e rty. — A* 
inv e stigatory suspension without pay shall not 
exceed 45 calendar day s . — However, an agency - 
may, in tho exorcise of its discretion, extend tho 
p e riod of investigatory susp e nsion without pay 
b e yond tho 45 day limit. Th e e mploy ee must bo 
informed in writing of tho extension, tho length of 
tho extension, tho specific reasons for tho oxton 
sion and his right of appeal. If no aotion has been 
tak e n by manag e m e nt by th e e nd of 15 cal e ndar 
days, and no extension has boon made, ono of tho 

following must occur; Reinstatement — of tho 

e mploy ee with full baokpay; appropriat e disoiplin 
ary aotion based on tho results of th e inv e stigation; 
reinstatement of tho employee with up to throe 
days pay deducted from the backpay. 

f3) Inv e stigatory suspension of an e mployee shall not 

b e used for th e purpose of d e laying an adminiotra 
tivo decision on an employee's work status pond 
ing tho r esolution of a civil or criminal court 
matter involving th e e mployee. 

f4) An employ ee who has boon susp e nded for inv e oti 

gatory reasons may be reinstated with up to throe 
days pay deducted from his salary. — Such dotormi 
nation is to b e bas e d upon management's det e rmi - 
nation of tho degree to whioh th e employ ee was 
responsible for or contributed to tho reasons for 
tho suspension. — Thi s period constitutes a disci 
plinary susp e nsion without pay and must bo 
e ff e oted in accordanc e with Paragraphs (5) and (6) 
of this Rule. 

f5) An employee may bo s uspended without pay for 

disciplinary purpos e s for oausos relating to any 
form of p e rsonal oonduot or in conjunction with a 
final written warning for performance of duties. 
However, a disciplinary suspension without pay 
must b e for at l e ast on e full working day, but not 
mor e than thr e e working days. — Prior to placing 
an employee on disciplinary suspension without 
pay, a management representative shall conduct a 
pre suspension oonforono e with th e e mployee. 
This oonf e r e no e shall be oarriod out in th e sam e 
fashion as a pro dismissal conforonoo. 

(6) An employee who has boon suspended without pay 

must b e furnished a stat e ment in writing s e tting 
forth th e sp e oifio aots or omissions that ar e th e 
reasons for tho suspension and tho employee's 
appeal rights. — A pro suspen s ion conference is 
r e quir e d only wh e n th e e mploye e is susp e nd e d 
without — pay — fef — a — disciplinary — r e ason; — a 
pro suspension conforonoo is not required where 
on omployoo is suspended without pay for tho 
purpos e of an inv e stigation- 
fa) The supervisor shall monitor and promote the satisfac- 
tory performance of work assignments and acceptable 
standards of personal conduct. All types of perfor- 



998 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



PROPOSED RULES 



mance-related job inadequacies can constitute unsatisfactory 
job performance under this Section. Unacceptable personal 
conduct can be work-related or non-work-related conduct 
and may be intentional or unintentional. When the supervi- 
sor determines that disciplinary action is a ppropriate for 
unsatisfactory job performance, a written warning is the first 
type of disciplinary action that an employee must receive. 
The supervisor may elect to issue a written warning for 
grossly inefficient job performance or unacceptable personal 
conduct. The written warning must: 

(1) Inform the em ployee that this is a written warn- 
ing, and not some other non-disciplinary process 
such as counseling; 

(2) Inform the employee of the specific issues that 
are the basis for the warning; 

(3) Tell the employee what specific improvements. 
if a pplicable, must be made to address these 
specific issues; 

(4) Tell the employee the time frame allowed for 
making the required improvements/corrections. 
Absent a specified time frame. 60 days is the 
time frame allowed for correcting unsatisfactory 
job performance. Immediate correction is 
required for grossly inefficient job performance 
or unacceptable personal conduct; 

(5) Tell the employee the consequences of failing to 
make the required improvements/corrections. 

(b) A written warning must be issued in accordance with 
the procedural requirements of this Section, including any 
applicable a ppeal rights. 

Statutory Authority G.S. 126-4. 

.2306 DISCIPLINARY SUSPENSION WITHOUT PAY 

(ft) — Any e mployee may b e d e mot e d as a diooiplinary 
measure. — Demotion may bo made on the basis of either 
unsatisfactory job porfonnanoo or unacceptable personal 
oonduot. 

fj-) Job P e rformano e . — An e mploy e e may b e d e 

motod for unsatisfactory job porfonnanoo after 
the employee has received at least two prior 
warnings on his porformaa ee? — At l e aot on e of 
th e warnings prior to d e motion must b e in 
writing. 

(3) Personal Conduct. — An employee may bo do 

motod for unaoooptabl e oonduot without any 
prior warning. — Cauoo for d e motion on th e basis 
of personal conduct doos not havo to bo as 
serious as cause for dismissal. 

(3) Notio e . — An e mploy ee who is d e mot e d must 

roooivo written notioe of th e opeoifio r e asons for 

the demotion, as well as notice of his appeal 

rights. 

fb) — Disciplinary d e motions may be aooomplishod in 

s e v e ral ways. — The employee may b e d e mot e d to a low e r 

classification with or without a loss in pay. — Or, the em 

ployoo may bo reduced to a lower stop in tho same pay 



grade with a cor r esponding loss of pay. — In no event shall 
an e mploy ee 's pay b e low e red b e low step one of his ourront 
pay grad e , unl e ss th e e mploy ee is d e moted to a lower 
olaooification. — Prior to tho decision to demote an employ ee 
for disciplinary reasons, a management representative must 
oonduot a pre demotion conf e rence with tho employe e . — This 
pro demotion oonforonoe shall b e accomplish e d in tho same 
fashion as tho pro dismissal conference 

(a) An employee may be suspended without pay for 
disciplinary purposes for unsatisfactory job performance 
after the receipt of at least one prior disciplinary action or 
for causes relating to any form of unacceptable personal 
conduct or grossly inefficient job performance. A disciplin- 
ary suspension without pay for an employee who is subject 
to the overtime compensation provisions of the Fair Labor 
Standards Act (FLSA) must be for at least one full work 
day, but not more than two work weeks. The length of a 



disciplinary suspension without pay for an employee who is 
exempt from the overtime compensation provisions of the 
FLSA must be for at least one full work week, but not more 
than two full work weeks. Prior to placing any employee 
on disciplinary suspension without pay the agency director 
shall conduct a pre-suspension conference with the employee 
in accordance with the procedural requirements of this 
Section. An employee who has been suspended without p ay 
must be furnished a statement in writing setting forth the 
specific acts or omissions that are the reasons for the 
suspension and the employee's a ppeal rights. 

(b) An agency has the option of imposing the same 
periods of disciplinary suspension without pay for all 
employees as long as the period is the same as for employ- 
ees exempt from the overtime provisions of the FLSA as set 
forth in this Section. 

Statutory Authority G.S. 126-4(6); 126-35. 

.2307 DEMOTION 

(a) By statut e , some duties assign e d to positions may b e 
perform e d only by persons who ar e duly lic e nc e d, r e gister e d 
or certified as required by tho relevant law. 

(b) Employees in such classifications are responsible for 
maintaining curr e nt, valid cr e d e ntials as required by law. 
Failur e to maintain the r e quired cr e d e ntials is a basi s for 
immodiato dismissal without prior warning -: — An employee 
who is d i smissed shall bo given a written statement of tho 
reason for the aotion and his appeal righto. 

(a) Any employee may be demoted as a disciplinary 
measure. Demotion may be made on the basis or either 
unsatisfactory or grossly inefficient job performance or 
unacceptable personal conduct. 

(1) Unsatisfactory Job Performance. An employee 
may be demoted for unsatisfactory job perfor- 
mance after the employee has received at least 
one prior disciplinary action. 

(2) Grossly Inefficient Job Performance. An em- 
ployee may be demoted for grossly inefficient 
job performance without any prior disciplinary 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



999 



PROPOSED RULES 



action. 

(3) Personal Conduct. An employee may be de- 
moted for unacceptable personal conduct without 
any prior disciplinary action. 

(4) An employee who is demoted must receive 
written notice of the specific reasons for the 
demotion, as well as notice of any a pplicable 
appeal rights. 

(b) Disciplinary demotions may be accomplished in three 
ways: 

(1) The employee may be demoted to a lower p ay 
grade with a reduction in salary rate as long as 
the new salary rate does not exceed the maxi- 
mum of the salary range for the new lower pay 
grade; 

(2) The employee may be demoted to a lower pay 
grade without a reduction in salary rate as long 
as the salary rate does not exceed the maximum 
of the salary range for the new lower pay grade; 
or 

(3) The employee may be demoted while retaining 
the same pay grade with a reduction in salary 
rate. In no event shall an employee's salary rate 
be reduced to less than the minimum salary rate 
for the applicable pay grade or the special entry 
rate, if in effect. 

(c) Prior to the decision to demote an employee for 
disciplinary reasons, the agency director must conduct a 
pre-demotion conference with the employee in accordance 
with the procedural requirement of this Section. 

Statutory Authority G.S. 126-4(6); 126-35. 

.2308 PROCEDURAL REQUIREMENTS 

(a} — A p e rmanent e mploy ee who has boon domot e d, 
suspended or dismissed shall have 15 calendar day s from the 
date of his receipt of written notice of auch action to filo an 
app e al — with — bk — agenoy/oounty — griovanoo — prooedur e . 
Griovano e o which do not alleg e dioorimination must follow 
the agency or county grievance procedure. — An appeal of a 
final agency decision must bo filed in accordance with G.S. 
150B 23 and within 30 cal e ndar days of r e o e ipt of th e final 
agency d e cision. 

(b) — Grievances which allege discriminat i on may, at the 
election of the employee, proceed through the agency or 
county prooedure or prooood directly to th e Stat e P e rsonn el 
Commiooion (SPC) for a h e aring by th e Offio e of Adminio 
trativo Hearings (OAH) and a decision by tho SPC. — A 
direct appeal to the SPC (such appeal involving a contested 
oas e hearing by th e OAH and a r e comm e nd e d d e cision by 
that ag e noy to th e SPC) all e ging discrimination must b e fil e d 
in accordance with G.S. 150B 23 and must bo filed within 
30 calendar days of receipt of notice of tho alleged diocrimi 
natory aot. 

(e} — Griovanoeo filed on an untim e ly baoio (oo e G.S. 
126 35, G.S. 126 36 and G.S. 12 6 3 8 ) must bo dismissed. 
Allegations of discrimination, — if raised — more than 30 



calendar days after tho party alleging dioorimination became 
aware or should hav e becom e aware of the all e g e d dioorimi 
nation, must be diomioood r 

The following procedural requirements must be followed 
to issue disciplinary action under this Section: 
LD WRITTEN WARNING - to issue a written warn- 
ing to an employee a supervisor must issue the 
employee a written warning, detailing the matters 
referenced in 25 NCAC H .2305. and including 
any applicable appeal rights. 
£2} DISCIPLINARY SUSPENSION WITHOUT PAY 
; to place an employee on disciplinary suspension 
without pay, the agency director must comply with 
the following procedural requirements: 

(a) In matters of unsatisfactory job performance, 
insure that the employee has received at least 
one prior disciplinary action. In matters of 
grossly inefficient job performance or unaccept- 
able personal conduct no prior disciplinary 
actions are required so an employee may be 
suspended without pay for a current incident of 
grossly inefficient job performance or unaccept- 
able personal conduct; 

(b) Schedule and conduct a pre-suspension confer- 
ence. Advance oral or written notice of the 
a ppropriate disciplinary conference must be 
given to the employee of the time, location, and 
the issue for which discipline has been recom- 
mended. The amount of advance notice should 
be as much as is practical under the circum- 
stances; 

(c) Furnish the employee a statement in writing 
setting forth the specific acts or omissions that 
are the reasons for the suspension; 

(d) Advise the employee of any applicable a ppeal 
rights in the document affecting the suspension. 

(3) DEMOTION - to demote an employee the agency 
director must comply with the following proce- 
dural requirements: 

(a) In matters of unsatisfactory job performance, 
insure that the employee has received at least 
one prior disciplinary action; 

(b) In matters of grossly inefficient job performance 
or unacceptable personal conduct, there is no 
requirement for previous disciplinary action, so 
an employee may be demoted for a current 
incident of grossly inefficient job performance or 
unacceptable personal conduct without any prior 
disciplinary action; 

(c) Advance oral or written notice of the a ppropriate 
pre -disciplinary conference must be given to the 
employee of the time, location, and the issue for 
which discipline has been recommended. The 
amount of advance notice should be as much as 
is practical under the circumstances; 

(d) An employee who is demoted must receive 
written notice of the specific acts or omissions 



1000 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



PROPOSED RULES 



> 



M 



m 



m 



(ai 



£bl 



(si 



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lei 



that are the reasons for the demotion; 
An employee must be advised of how and to 
what extent the demotion will affect the em- 
ployee's salary rate or pay grade; and 
The employee must also be advised of any 
applicable a ppeal rights in the document affect- 
ing the demotion. 
DISMISSAL ; Before an employee may be dis- 
missed, a supervisor must comply with the follow- 
ing procedural requirements: 
The supervisor recommending dismissal shall 
discuss the recommendation with the agency 
director who shall conduct a pre-dismissal 
conference with the employee. The person 
conducting the pre-dismissal conference must 
have the authority to decide what, if any, disci- 



plinary action should be imposed on the em- 
ployee. 

The supervisor or designated management 
representative shall schedule a pre-dismissal 
conference with the employee. 
Advance written notice of the pre-dismissal 
conference must be given to the employee of the 
time, location, and the issue for which dismissal 
has been recommended. The amount of advance 
notice should be as much as is practical under 
the circumstances. 

The agency director shall conduct a 
pre-dismissal conference with the employee, 
limiting attendance to the employee and the 
person conducting the conference; a second 
management representative may be present at 
management's discretion. The purpose of the 
pre-dismissal conference is to review the recom- 
mendation for dismissal with the affected em- 
ployee and to listen to and to consider any 
information put forth by the employee, in order 
to insure that a dismissal decision is sound and 
not based on misinformation or mistake. Secu- 
rity personnel may be present when, in the 
discretion of the person conducting the confer- 
ence, a need for security exists. No attorneys 
representing either side may attend the confer- 
ence. 

In the conference, management shall give the 
employee oral or written notice of the recom- 
mendation for dismissal, including specific 
reasons for the proposed dismissal and a sum- 
mary of the information su pporting that recom- 
mendation. The employee shall have an oppor- 
tunity to respond to the proposed dismissal 
action and to offer information or arguments in 
su pport of the employee's position. Every effort 
shall be made by management to assure that the 
employee has a full opportunity during the 
conference to set forth any available information 
in opposition to the recommendation to dismiss 



prior to the end of the conference. This oppor- 
tunity does not include the option to present 
witnesses. 

(f) Following the conference, management shall 
review and consider the response of the em- 
ployee and reach a decision on the proposed 
recommendation. If management's decision is to 
dismiss the employee, a written letter of dis- 
missal containing the specific reasons for dis- 
missal, the effective date of the dismissal and 
the employee's a ppeal rights shall be issued to 
the employee in person or by certified mail, 
return receipt requested, to the last known 
address of the employee. To minimize the risk 
of dismissal upon erroneous information, and to 
allow time following the conference for manage- 
ment to review all necessary information, the 
decision to dismiss should not be communicated 
to the employee in accordance with this 
Sub-item, prior to the beginning of the next 
business day following the conclusion of the 
pre-dismissal conference or after the end of the 
second business day following the completion of 
the pre-dismissal conference. 

(g) The effective date of a dismissal for unsatisfac- 
tory job performance shall be determined by 
management. An employee with permanent 
status who is dismissed for unsatisfactory job 
performance may, at management's discretion. 
be given up to two weeks working notice of his 
dismissal. Instead of providing u p to two weeks 
working notice and at the discretion of manage- 
ment an employee may be given up to two 
weeks pay in lieu of the working notice. Such 
working notice or pay in lieu of notice is app li- 
cable only to dismissals for unsatisfactory job 
performance. The effective date of the dismissal 
shall not be earlier than the letter of dismissal 
nor more than 14 calendar days after the notice 
of dismissal. 

Statutory Authority G.S. 126-4; 126-35. 

.2309 SPECIAL PROVISIONS 

£a} GRANDFATHER PROVISIONS : The following 
Grandfather provisions establish the force and effect of 
disciplinary actions in existence upon the effective date of 
the Section. 

(1) Oral warnings - any oral warning existing upon 
the effective date of this Section is deemed void 
and has no further force or effect upon the 
disciplinary status of any employee. 

(2) All other disciplinary actions existing at the time 
this Section is adopted shall remain in full force 
and effect as if the warnings or other disciplin- 
ary actions had been imposed under this Section- 
No written warning or other disciplinary action 



10:12 



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September 15, 1995 



1001 



PROPOSED RULES 



imposed prior to the effective date of this Sec- 
tion shall be deemed inactive by operation of the 
provisions of this Section until more than 18 
months after the effective date of this Section or 
until the disciplinary action is deemed inactive in 
accordance with 25 NCAC II . 23090)), which- 
ever occurs first. 

(3) Extension of Disciplinary Actions - any written 
warning or disciplinary action imposed prior to 
the adoption of this Section may be extended in 
accordance with the provision of this Section as 
if the warning or disciplinary action had been 
imposed after the effective date of the Section. 
No unresolved written warning or disciplinary 
action issued under the prior Section shall be- 
come inactive if within 18 months of the effec- 
tive date of this Section, another disciplinary 
action or warning is imposed on the employee. 
Notice of the extension of the active status of a 
disciplinary action can be given at any time 
within 18 months of the effective date of the 
disciplinary action. 

(4) Resolution of disciplinary actions under prior 
agency ; any warning or disciplinary action 
existing at the time that this Section is adopted 
shall be deemed inactive if it would have been 
resolved under the agency procedure existing at 
the time of the adoption of this Section 

£b) INACTIVE DISCIPLINARY ACTION - Any 
disciplinary action issued after the effective date of this 
Section, is deemed inactive for the purpose of this Section 
in the event that: 

(1) the manager or supervisor notes in the em- 
ployee's personnel file that the reason for the 
disciplinary action has been resolved or cor- 
rected; or 

(2) 18 months have passed since the warning or 
disciplinary action, the employee does not have 
another active warning or disciplinary action 
which occurred within the last 18 months and 
the agency has not, prior to the expiration of the 
18 month period, issued to the employee written 
notice, including reasons, of the extension of the 
period. 

(cj PLACEMENT ON INVESTIGATION - Investigation 
status is used to temporarily remove an employee from work 
status. Placement on investigation with pay does not 
constitute a disciplinary action as defmed in this Section or 
in G.S. 126-35. Management must notify an employee in 
writing of the reasons for investigatory placement not later 
than the second scheduled work day after the beginning of 
the placement. An investigatory placement with pay may 
last no longer than 30 calendar days without written notice 
of extension by the agency director. When an extension 
beyond the 30-day period is required, the agency must 
advise the employee in writing of the extension, the length 
of the extension, and the specific reasons for the extension. 



If no action has been taken by an agency by the end of the 
30 day period and no further extension has been imposed. 
the agency must either take a ppropriate disciplinary action 
on the basis of the findings upon investigation or return the 
employee to active work status. Under no circumstances is 
it permissible to use placement on investigation status for 
the purpose of delaying an administrative decision on an 
employee's work status pending the resolution of a civil or 
criminal court matter involving the employee. It is permis- 
sible to place an employee in investigation status with pay 
only under the following circumstances: 

(1) To investigate allegations of performance or 
conduct deficiencies that would constitute just 
cause for disciplinary action: 

(2) To provide time within which to schedule and 
conduct a pre-disciplinarv conference: or 

(3) To avoid disruption of the work place and/or to 
protect the safety of persons or property. 

(d) CREDENTIALS : By statute, regulation, and admin- 
istrative rule, some duties assigned to positions may be 
performed only by persons who are duly licensed, registered 
or certified as required by the relevant law, rule, or provi- 
sion. All such requirements and restrictions are specified in 
the statement of essential qualifications or recruitment 
standards for classifications established by the State Person- 
nel Commission and/or in the position description for the 
position. 

(1) Employees in such classifications are responsible 
for obtaining and maintaining current, valid 
credentials as required by law, rule, or regula- 
tion. Failure to obtain or maintain the legally 
required credentials constitutes a basis for imme- 
diate dismissal without prior warning, consistent 
with dismissal for unacceptable personal conduct 
or grossly inefficient job performance. An 
employee who is dismissed for failure to obtain 
or maintain credentials shall be dismissed under 
the procedural requirements applicable to dis- 
missals for unacceptable personal conduct or 
grossly inefficient job performance. 

(2) Falsification of employment credentials or other 
documentation in connection with securing 
employment constitutes just cause for disciplin- 
ary action. When credential or work history 
falsification is discovered after employment with 
an agency, disciplinary action shall be adminis- 
tered as follows: 

(A) If an employee was determined to be qualified 
and was selected for a position based upon 
falsified work experience, education, registra- 
tion, licensure, or certification information that 
was a requirement for the position, the em- 
ployee must be dismissed in accordance with 
25 NCAC U .2304. 

(B) In all other cases of post-hiring discovery of 
false or misleading information, disciplinary 
action will be taken, but the severity of the 



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PROPOSED RULES 



M 



disciplinary action shall be at the discretion of 
the agency head. 
(C) When credential or work history falsification 
is discovered before employment with an 
agency, the a pplicant shall be disqualified from 
consideration for the position in question. 
OTHER SPECIAL PROVISIONS - 



(1) Every disciplinary action shall include notifica- 
tion to the employee in writing of any applicable 
appeal rights. 

(2) Warnings, extension of disciplinary actions and 
periods of placement on investigation, and 
placement on investigation with pay are not 
grieveable unless an agency specifically provides 
for such a grievance in its agency grievance 
procedure. Allegations of a violation of G.S. 
153A-98. 130A^42, 122C-158 shall be processed 
in compliance with procedures established in 
accordance with these statutory requirements. 

(3) An agency shall furnish to an employee, as an 
attachment to the written documentation of a 
grievable disciplinary action, a copy of the 
agency grievance procedure. 

Statutory Authority G.S. 126-4; 126-35. 



.2310 APPEALS 

(a) An employee with permanent status who has been 
demoted, suspended or dismissed shall have 15 calendar 
days from the date of his receipt of written notice of such 
action to file an appeal with his agency/county grievance 
procedure, whichever is applicable. Grievances which do 
not allege discrimination must follow the agency or county 
grievance procedure. An a ppeal of a final agency decision 
must be filed in accordance with G.S. 150B-23 and within 
30 calendar days of receipt of the final agency decision. 

(b) Grievances which allege discrimination may, at the 
election of the employee, proceed through the agency or 
county procedure or proceed directly to the State Personnel 
Commission (SPC) for a hearing by the Office of Adminis- 
trative Hearings (OAH) and a decision by the SPC. A 
direct a ppeal to the SPC (such a ppeal involving a contested 
case hearing by the OAH and a recommended decision by 
that agency to the SPC) alleging discrimination must be filed 
in accordance with G.S. 150B-23 and must be filed within 
30 calendar days of receipt of notice of the alleged discrimi- 
natory act. 

(c) Grievances filed on an untimely basis (see G.S. 
126-35. G.S. 126-36. and G.S. 126-38) must be dismissed. 
Allegations of discrimination, if raised more than 30 
calendar days after the party alleging discrimination became 
aware or should have become aware of the alleged discrimi- 
nation, must be dismissed. 

Statutory Authority G.S. 126-35; 126-36; 126-38; 150B, 
Article 3. 



SUBCHAPTER U - EMPLOYEE RELATIONS 

SECTION .0400 - EMPLOYEE RECOGNITION 
PROGRAMS 

.0401 STATE PERSONNEL RESPONSIBILITY 

Th e e mployee r e lation s o e otion in oooporation with state 
agencie s and institutions admini s ters a State Personne l 
Commission policy which recognizee the continued service 
of its e mploy ee s through a program of servic e awards. 

The Office of State Personnel shall establish Employee 
Recognition Programs. Agencies shall establish and 
maintain employee recognition programs that, at a mini- 
mum, recognize employee excellence, years of dedicated 
service, and other employee recognition. Agencies shall 
develop a plan for employee recognition programs that 
includes administration in an equitable manner and incorpo- 
rates how the program will be communicated to employees 
statewide. 



of a Statutory Authority G. S. 126-4. 



.0402 POLICY: SERVICE AWARDS PROGRAM 

The service awards program io designed to recognize 
full time and part time (20 hours or more) pe r manent 
employees. On each fifth anniversary of e mployment with 
th e State of North Carolina, th e state will pr e sent the 
employee with an emblem mounted as fine jewelry. — The 
two piece design emblem is made of an antiqued yellow 
gold filled or e ot mount e d on a whit e gold base. — J e w e ls on 
th e d e sign indioato the numb e r of y e ars of sorvioo; the 
designation boing as follows: 

(+) 5 years of son' ice one ruby 

(3) 10 yoars of s e rvic e two rubi e s 

(3) 15 y e ars of servio e thr ee rubies 

(4) 20 years of service throe blue sapphires 

(§) 25 yoars of sorvioo throe emerald s 

(6} 30 years of s e rvio e one full out diamond and 

two rubi e s 

(7) 35 year s of service one full out diamond and 

two emeralds 

(&) 10 y e ars of servio e two full out diamonds 

and one ruby 

(9) 4 5 years of service three full cut diamonds 

ft©) 50 years of sorvioo four full cut diamonds 



Statutory Authority G.S. 126-4. 

.0403 TYPES OF AWARDS 

e mploy e es, th e following types of j e w e lry are avail 

charm bracelet, 




combination tie tao and lap e l pin, 
n e cklace, 



&~ 



tie bar. 



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1003 



PROPOSED RULES 



Statutory Authority G. S. 126-4. 

.0404 AGENCY RESPONSIBILITY 

Each department io Agencies are responsible for the 
administration of its their programs which shall, as a 
minimum, recognize employee's service beginning with five 
years of service and in increments of five years thereafter. 
Thin inoludoo: 

(4) the establishment of the department out off oligi 

bility dat e , 

(3) the id e ntification of eligible employees ao defined 

by the Office of State Personnel, 

(3) the purchasing of the awards through the division 

of purohaoo and oontroot, and 

(4) the d e t e rmination of the tim e and m e thod of 

presentation of those awards. 

Statutory Authority G.S. 126-4. 

.0405 EXEMPT EMPLOYEES 

The program was designed to recognize state employees 
within the provisions of th e Stat e P e rsonn e l Aot. How e ver, 
the program may bo e xt e nded to omployoos exempt from 
this statute, aa long as the agency administers its awards by 
those same regulations. 

Statutory Authority G.S. 126-4. 

.0406 ELIGIBILITY REQUIREMENTS 

(a) — Awards will b e prooontod on th e bonis of an e m 
ployoo's total state s e rvio e . 

(b) Total state service is the time of full time or part time 
(half time or over) permanent, trainee, probationary or 
provisional omploym e nt, wh e th e r subj e ot to or e x e mpt from 
tbo State Poroonn e l Aot. — If an employ ee oo appoint e d is in 
pay status or is on authorized military leave for one half of 
the regularly scheduled workdays and holidays in a pay 
period, or e dit shall bo given for th e e ntir e pay p e riod- 
Employees with full-time or part-time (20 hours or more) 
permanent a ppointments shall be eligible for awards based 
on the employees' total state service. The calculation shall 
be based on the definition hi 25 NCAC IE .0204 for total 
state service. 

Statutory Authority G.S. 126-4(10). 

.0407 ADDITIONAL CREDIT 

Credit toward total s tate service shall also bo given for the 
following! 

(4) Employm e nt with oth e r gov e rnm e ntal units whioh 

are now s tat e ag e noi es . — (Exampl e : oounty high 
way maintenance forces, War Manpower Commis 
sion, Judicial System). 

(3) Authorized military leave from any of th e gov e rn 

m e ntal units for whioh s e rvio e or e dit is granted 
provided the employee is reinstated within th e 
time limits outlined in the State Military Leave 



m- 



w- 



m- 



polioioo. 

Employm e nt with the oounty Agricultural Exton 
oion Service; Community Colleg e system and the 
public school system of North Carolina, with the 
provision that a school year is equivalent to one 
full y e ar- 
Employment with a looal Mental H e alth, Publio 
Health, Social Services, or Emergency Manage 
mont agency in North Carolina if such employ 
m e nt is subj e ot to th e State Poroonnel Aot. 
Employm e nt with the Gen e ral Assembly (oxoopt 
for participants in the Legislative Intern Program 
and pages). — All of the time, both permanent an d 
temporary, of th e e mploy ee s will b e oounted; and 
th e full l e gislative terms of th e m e mbers. 



Statutory Authority G.S. 126-4(10). 

.0408 OTHER PROVISIONS 

Credit for the total state service requirement shall not bo 
given for temporary employment and periods of leave 
without pay in oxoooa of one half th e workdays and holidays 
in a pay p e riod. — (Exc e ption: military leave and workers' 
compensation). — Service in one or more state agencie s 
counts toward total number of years service for this pro 
gram. 

Statutory Authority G.S. 126-4(10). 

.0409 SELECTING THE SERVICE EMBLEMS 

Solootion broohur e o whioh highlight th e program and 
provide space for the jewelry selection are available to the 
agencies from the employee relations section, Offioo of State 
P e rsonn ek- 

Statutory Authority G.S. 126-4. 

.0410 PURCHASING 

Standard state purchasing proc e dur e s must b e used in 
obtaining the service awards. Contracts for bulk purchasing 
are in the Division of Purchase and Contract and inquirie s 
oono e rning purchasing should bo dir e oted to that offio e . 

Statutory Authority G.S. 126-4. 

.0411 RECORDS 

Eaoh departm e nt shall maintain r e cords of th e e mploym e nt 
history of eligible employe es^ — Those records arc not to bo 
submitted to the Office of State Personnel but shall bo 
available for audit. 

Statutory Authority G.S. 126-4. 

.0412 FUNDS 

All purchasing of awards ar e d e p e nd e nt upon availability 
of departmental funds. — Since no appropriations are mndcr 
the program must bo financed from various subheads. — Any 



1004 



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PROPOSED RULES 



agency not having aufficiont funda to finanoo tho program 
shall notify the divioion of state budget and management. 

Statutory Authority G.S. 126-4. 

.0413 GUARANTEE 

Tho oompanioo under oontmot with th e state guarantee th e 
jowolry from loss of otonoa and attachment of tho croot to 
tho jewelry. — If thooo faults occur, tho department shall 
oorroopond dir e otly with th e oompany stating: 

(4} th e fault, 

(3) tho purohaao ordor number and 

(3) tho contract number. 

This r e pair work io to b e fr ee of charg e . 

Statutory Authority G. S. 126-4. 

SECTION .0500 - EMPLOYEE GRIEVANCES 

.0501 GENERAL PROVISIONS 

(a) For the purpose of this Section, the term "agencies" 
shall mean all departments, universities, offices, boards and 
commissions with employees subject to Article 8 of the State 
Personnel Act. 

(b) An employee who has access to his department or 
university the agency grievance procedure shall initiate the 
grievance proceeding no later than 15 calendar days after 
the last act which constitutes the basis of the grievance. 

£cl (fe) For the purpose of Rules U .0502, .0503, and 
.0505 of this Section. S e otion e xoopt for positions subj e ot to 
oompotitiv e o e rvio e and except for appeals brought under 
G.S. 126-25, the terms — "pormonoB t — stuto omployoo", 
"permanent employee", — "state omployoo", — "former 3tato 
omployoo", or " e mploy ee " term "career state employee" as 
used in this Section shall have the meaning assigned to thorn 
U by G.S. 126 3 9 the State Personnel Act. Tho s ervice 
requirements of this Paragraph must bo mot at tho timo of 
tho aot, gri e vanoo or employment praotio e oomplained of. 
The employee must have attained career status at the time 
the act, grievance or employment practice that is the basis 
of the grievance occurs. 

(©) — An e mploy ee who hoc attain e d p e rman e nt status as 
d e fin e d in G.S. — 126 39 will not lose suoh statue when 
personnel sanctions result in promotions, salary range 
revisions or position allocations. 

(d) For the purpose of this Section, the phrase "a reason- 
able period of time" shall mean: 

(1) In cases involving the dismissal or demotion of 
a career state employee. 90 days from the date 
the grievance was filed unless the employee and 
agency mutually agree to additional time. 

(2) In cases not involving the dismissal or demotion 
of a career state employee, 120 days from the 
date the grievance was filed unless the employee 
and agency mutually agree to additional time. 

(e) Neither the agency nor the em ployee shall be repre- 
sented by any outside parties during any internal grievance 



or alternative dispute resolution proceedings. 

Statutory Authority G.S. 126-1 A (until 7/1/96), then 
126-1.1; 126-4(17); 126-25; 126-34; 126-35; 126-39. 

.0502 AGENCY RESPONSIBILITIES 

(a) Eaoh departm e nt shall submit its grievanoo procedure 
no later than January 1 of each oven numbered year to tho 
Office of State Personnel which shall review departmental 
proc e dures and may r e nd e r aooiotano e prior to r e vi e w by tho 
State Personnel Commission. Th e Offioo of Stat e P e rsonnel 
shall review each proposed grievance procedure for oonfor 
mity with applicable laws, personnel policies, and good 

e mploy ee r e lations praotio e s. Aft e r ouoh roviow — &n4 

following resolution of any ar e as of disagr ee m e nt, tho 
Office of State Personnel shall forward tho grievance 
procedure to tho State Personnel Commission for consider 
ation and approval at its n e xt sch e dul e d meeting. The 
agency grievance procedure shall be implemented and 
continuously evaluated by the agency. Each agency shall, 
on or before January \ of each even-numbered year, submit 
to the Office of State Personnel either: 

(1) the current agency grievance procedure for 
a pproval: or 

(2) a statement that its grievance procedure has not 
changed since January 1 of the last prior 
even-numbered year, including a certification 
that the current agency procedure is in compli- 
ance with current state law and rules and the 
effective date of the last change to the agency 
procedure. 

(b) Tho Office of State Personnel will work in ooopom 
tien — with agencies — in preparing — materials, — explainin g 
proc e dur e *) to employees and developing mat e rials and 
instructions helpful to sup e rvisors, and assist, as requostod, 
in training and developing grievance committees. The 
Office of State Personnel shall review the reports of each 
agency as required by Rule .0509 of this Section and the 
grievance procedures of each agency for compliance with 
a pplicable law, rules and good employee relations practices. 
After such review and following resolution of any areas of 
disagreement, the Office of State Personnel shall forward 
the grievance procedure to the State Personnel Commission 
for reaffirmation of an unchanged agency grievance proce- 
dure previously approved or for approval of a new or 
modified agency grievance procedures. No agency griev- 
ance procedure is a pplicable to any employee until it has 
been a pproved by the State Personnel Commission. 

Statutory Authority G.S. 126-4(9). 

.0503 MEVIMUM PROCEDURAL REQUIREMENTS 

The following procedure provisions are the is roprosonta 
riv e of th e minimum provisions whioh will bo consid e r e d in 
a r e vi e w requirements for approval by the State Personnel 
Commission. Departmental procedures may vary from tho 
following procedure to provide greater safeguards — for 



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September 15, 1995 



1005 



PROPOSED RULES 



omployooo or to rofloct tho structure and noodo of the 
Qg e noy: 

(1) An employee with a grievance that does not allege 
unlawful discrimination as defined by G.S. 126-16 
or G.S. 126-36 shall be required to first discuss 
his the problem with his the immediate supervisor 
supervisor. The agency grievance procedure must 
outline those issues in addition to contested case 
issues under G.S. 126-34.1, if any, that are 
grievable under each agency's internal grievance 
procedure and whether and to what extent persons 
who have not attained career status under G.S. 
126-1A-1 may utilize the agency grievance proce- 
dure. 

fa-} Tho sup e rvisor may oall higher l e v e l sup e rvisors 

into tho discussion if tho employee agrees. 

(b) Tho supervisor may consult with higher lovol 

supervisors to oe e k any needed advio e or oouno e l 
from his administrativ e superiors b e for e giving 
him an answer. 

(e) Tho employee shall receive an answer withia 

five working days or bo advis e d as to th e oondi 
tions whioh prevent an answer within fiv e work 
ing days and when an answer may bo expected. 

(2) If tho employee is not satisfied with tho decision 
of his supervisor or if h e fails to r e c e iv e an 
answ e r within tho designated period as provid e d 
above, ho shall request tho departmental personne l 
officer to consider tho matter s The employee shall 
have the right to have the decision of the immedi- 
ate supervisor reviewed. The step or steps after 
the immediate supervisor's step must include a 
step at which the employee has the right to orally 
present the grievance and where the reviewer is 
outside the employee's chain of command. 

(a) Tho request may be prooontod either in person or 

in writing. 

(b) Tho personn e l offioor shall determin e th e e xtent 

to whioh foots shall be requir e d to b e writt e n. 
Tho employee may request tho assistance of tho 
personnel offioor in reducing tho facts to written 
form. 

(e) Tho request by tho employ ee shall b e pr e s e nted 

within five working days after receipt of tho 
supervisor's decision. 

(d) Tho supervisor and e mploy ee shall provid e all 

pertinent information th e personn e l offio o r who 
will review tho facts and hold whatever discus 
sions ho dooms desirable or tho employee or 
sup e rvisor may r e qu ests 

(e) The p e rsonnel offioor shall provid e a r e oommon 

dation to tho proper administrators or superiors 
within five working days aftor all necessary 
disouosiono ar e held and shall at th e sam e time 
advis e th e e mploy ee of his recommended oouro e 
of action. 

(#) In tho ab s ence of objection or appeal by oithor 



tho supervisor or tho employee, tho reoommon 
dation of tho p e rsonn e l offioor shall b e earned 
out within a r e asonabl e period of tim e . 
(3) If tho decision reached above is not satisfactory to 
tho employee or is not promptly implemented, tho 
matt e r may bo ref e rr e d by th e e mploy ee or tho 
p e rsonn e l offioor to th e d e partmental gri e vonoe 
committee or tho departmental hearing officer. 
Any decision rendered after the step of the super- 
visor's decision shall be issued in writing and the 
final agency decision shall be issued within a 
reasonable period of time as defined in this Sec- 
tion. 

(a) Any request for revi e w shall b e submitted within 

fiv e working days aftor the p e rsonn e l offioor has 
presented his recommendation. 

(b) Tho party requesting tho review shall provide a 

writt e n summary of tho sp e oifio faoto of tho 
oomplaint, oopioo of whioh shall b e provided at 
tho same time to all other parties oonoomod. 

(e) If tho employee so dosiros, ho may ask -fee 

personnel offioor for h e lp in preparing — tho 
requ e st and tho written summary of faots upon 
which tho grievance is based. 

(d) A request from tho employee or tho supervisor 

for a h e aring shall b e mad e to th e p e rsonnel 
offio e r who shall transmit th e r e quoot to tho 
grievance committee or the departmental hearing 
officer. 

fe) At th e oonolusion of h e arings, it will be tho 

r e sponsibility of th e chairman of th e grievance 
committee or tho departmental hearing officer to 
inform tho department hoad or this designee of 
the details of th e probl e m, th e reasons why it 
was not r e solv e d at lower levels, and th e reoom 
mondations of tho committee or tho departmental 
hearing officer. 

(4) Th e d e partm e nt head or hio designee will ma ke 

th e d e cision for th e department within -five 
working days, and his decision will bo an 
nounced immediately to all parties concerned. 

(g) Constitution — of th e — d e partm e ntal — gri e vono e 

oommitt eer- 
fi) — Each grievance committee within a department 

shall consist of three or more persons. 
(ii) Th e d e partm e nt h e ad or his dooignoo shall 
appoint th e — m e mb e rs — of tho — d e partm e nt's 
grievance committoo(8). - 
(«*) — Committees shall include an omployoo from 
th e sam e division, section or functioning -tak 
as tho appealing employees. 
(*v) — Committees shall not include consist entirely 

of supervisory or administrative porsonno k- 
(v) — No oommitte e shall inolud e two e mployees 
from th e same division, section or funotion iftg 

(vi) — No personnel officer shall servo in any capao 



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NORTH CAROLINA REGISTER 



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PROPOSED RULES 



> 



ity on an employee grievance committee except (9) 

as an advioor on personn e l polioy, nor ohall 
any poroonnel offioer partioipato in th e dolibor 
ationa of the oommittoo r 
(4) If the employee is not satisfied with the final 

decision of the department h e ad, or if ho io un (10) 

able, within a reasonable p e riod of time, to obtain 
a final decision by the head of the department, ho 
may appeal within 30 days of receipt of the 
department's dooision by requ e sting a hearing by 
the Offio e of Administrative H e arings and a 
decision by the State Poroonnel Commission. At 
the step involving the reviewer (person or body) 
outside of the employee's chain of command, the 
employee shall have the right to challenge whether 
the reviewer can render an unbiased decision. 
The agency grievance procedure shall establish a 
process for challenging the reviewer's impartiality 
and the process for the selection of a replacement 
when necessary. 



All agencies shall submit to the Office of State 
Personnel the names of agency employees who 
meet the eligibility requirements for conducting 
ADR procedures, in a form and as requested by 
the Office of State Personnel. 
The grievance procedure shall comply with the 
requirements of 25 NCAC U .0615. 



Statutory Authority G.S. 126-4(9); 126-4(10); 126-4(17); 
126-7.2; 126-16; 126-34; 126-34.1; 126-34.2; 126-35; 
126-36; 126-37; 126-38; 150B-23. 

.0504 ALTERNATIVE DISPUTE RESOLUTION 

A state e mploy ee who has th e right of dir e ct app e al to th e 
Commission (ouoh dir e ot app e al consisting of a cont e nt e d 
case hearing and a recommended decision by an administ ra- 
tive law judg e of the Office of Administrative Hearings and 
a d e cision by the Commiooion) has th e option of using the 
gri e vanc e proc e dure e stablish e d within his d e partment if ho 
so desire s . — An employee or applicant must appeal an 
{&) The employee's request for hearing must bo alleged act of discrimination within the time fmmoo sot by 



filed with the Offioe of Administrativ e H e arings. 

(b) If the e mploy ee bo d e sir e s, h e may ask th e 

department for help in submitting the appeal. 
Such assistance is also available from the Office 
of State P e rsonn e l, Employ ee R e lations Divi 
sion; this assistance may b e r e qu e sted in writing 
at 116 West Jones Street, Raleigh, North Caro 
Una 27611 or orally at (919) 733 7112. 

(5) At any point in the department/univ e rsity gri e v 
anoo procedur e , — th e gri e vant may request th e 
assistance of the Office of State Personnel in an 
attempt to mediate the differences of the two 
parties. — Both parties must join in th e r e qu e st for 
m e diation. For matters that are contested case 
issues under G.S. 126-34.1, if the employee is not 
satisfied by the final decision of the agency head, 
the employee shall have the right to a ppeal to the 
State Personnel Commission within 30 days of 
receipt of the final agency decision. If the em- 
ployee is unable within a reasonable period of 
time to obtain a final agency decision, the em- 
ployee's right of a ppeal is governed by G.S. 
150B-23(f). 

(6) The agency shall state the methods of notifying 
current employees and newly a ppointed employees 
of any change to the agency grievance procedure 
no later than 30 days prior to the effective date of 
the change. 

(7) The agency shall establish the time limit for the 
agency and employee to respond at each step in 
the grievance procedure. No time limit for an 
agency to respond or to act shall be more than 
twice the time limit for the employee. 

(8) The grievance procedure shall include the effective 
date of the procedure and of any changes to the 
procedure. 



his d e partment's internal gri e vano e proc e dur e and app e al to 
th e Offio e of Administrativ e H e arings for a cont e st e d eas e 
hearing and a recommended decision) must do so within 3Q 
calendar day s of the alleged discriminatory action. 

(a) Each agency is granted the authority to create an 
alternative dispute resolution procedure. Any agency 
creating an alternative dispute resolution procedure shall 
include the procedure as a part of the grievance procedure. 

(b) For matters that do not constitute a contested case 
issue as defined in G.S. 126-34.1. the employee is autho- 
rized to use the internal grievance procedure or the alterna- 
tive dispute resolution procedure only to the extent allowed 
by the agency grievance procedure. A state employee or 
a pplicant who has the right to a ppeal to the State Personnel 
Commission is authorized to use the internal grievance 
procedure or the alternative dispute resolution procedure, if 
the agency provides an alternative dispute resolution 
procedure. 

(c) Final resolution of a dispute through use of the 
alternative dispute resolution procedure must take place 
within a reasonable period of time, as defined in Rule 
■0501(d) of this Section. 

Statutory Authority G.S. 126-4(17); 126-34.1; 126-34.2. 

.0505 MINIMUM PROCEDURAL REQUIREMENTS 

An employee shall bo allowed time off from his regular 
duties as may bo necessary and reasonable for the process 
ing of a gri e vano e und e r th e procedur e s adopt e d within -tee 
agonoy without loos of pay, vacation or other time credits. 
Necessary and reasonable time for pursuing a complaint 
outside the department s hould bo granted upon request to the 
e mploy ee 's sup e rvisor or p e rsonnel offio e r without loos of 
pay, vacation or oth e r tim e or e dits. 

The following are the minimum requirements for a pproval 
of an alternative dispute resolution procedure: 



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(1) The alternative dispute resolution procedure shall 
state the point or points at which a participant may 
request to utilize alternative dispute resolution. 

(2) The agency shall use an neutral party to conduct 
alternative dispute resolution options. In order to 
be eligible to conduct an alternative dispute resolu- 
tion procedure a person shall: 

(a) Have no personal, financial, or business interest 
or relationship with any participant in the dispute 
or with regards to the dispute. Status as an 
employee of the agency, alone, does not pre- 
clude an agency employee from being a neutral 
party for the purposes of this Rule. 

(b) Have no prior knowledge of or have conducted 
no actual review of the evidence and facts 
regarding any participant or the merits of the 
dispute that would impact the decision. 

(c) Be a certified mediator or have comparable 
credentials in another type of alternative dispute 
resolution medium. 

(d) Have minimum of two years experience in 
administering policies and procedures under the 
North Carolina Personnel System as a supervisor 
or personnel specialist. 

(3) The alternative dispute resolution procedure shall 
provide: 

(a) That any employee may request to have a dis- 
pute addressed through the agency alternative 
dispute resolution procedure. The other parties 
to the dispute shall be notified in written form of 
the request. 

(b) That there shall be written procedures outlining 
the alternative dispute resolution process to be 
used which includes the circumstances under 
which the procedure is binding or non-binding. 
The alternative dispute resolution procedure 
begins when the employee and the designated 
agency representative have agreed to use the 
procedure and both parties have signed the ADR 
consent form. 

(c) The employee and the representative designated 
by the agency shall agree on the person to 
conduct the alternative dispute resolution proce- 
dure. If the participants fail to agree on a 
person to conduct the alternative dispute resolu- 
tion procedure within 10 days after signing the 
ADR consent form, the alternative dispute 
resolution procedure shall be considered to have 
been abandoned and the dispute shall revert to 
and be resolved at the appropriate level in the 
agency grievance procedure. 

(d) That neither party shall be represented by legal 
counsel or other agent during any alternative 
dispute resolution proceedings. 

(e) At the conclusion of the alternative dispute 
resolution procedure, any resolution shall be 
documented in an written agreement which shall 



be signed by both parties. The resolution agree- 
ment shall be kept in a confidential agency file 
for not less than three years and shall not be 
transferred to any other agency. All other 
documents pertaining to the resolution of a 
dispute through the agency ADR that are not 
official personnel action forms or other required 
parts of the official personnel file shall be de- 
stroyed at the conclusion of the process. 

(f) That each party shall receive a copy of the 
signed resolution agreement no later than five 
working days after the conclusion of the alterna- 
tive dispute resolution procedure. 

(g) That when alternative dispute resolution is 
utilized in connection with non-contested case 
issues or when the employee does not otherwise 
have a statutory basis for a ppeal to the State 
Personnel Commission, any resolution of the 
dispute through the agency ADR procedure shall 
be binding. 

(h) That if resolution is not achieved, the person 
conducting the alternative dispute resolution 
procedure shall write a summary of the conten- 
tions of each of the participants, and shall sub- 
mit the summaries to the agency head or 
designee along with notification of failure of 
ADR. Within five days of receipt of notification 
of failure of ADR, the agency head or designee 
shall issue a final agency decision (FAD). 
When the dispute involved contested case issues 
under G.S. 126-34.1 or when other statutory 
grounds for appeal exist, this FAD shall be 
appealable to the State Personnel Commission. 
£i) That the request to utilize the alternative dispute 
resolution procedure; the failure of the alterna- 
tive dispute resolution procedure: the elements 
or components of any of the discussions, ses- 
sions, hearings, investigations, or other activities 
in connection with the alternative dispute resolu- 
tion procedure; and any communications shared 
in connection with the alternative dispute resolu- 
tion procedure, shall not be admissible as evi- 
dence in any proceeding subsequent to the 
conclusion of the alternative dispute resolution 
effort. 
(j) That any costs associated with the use of an 
alternative dispute resolution procedure shall be 
borne by the agency. 
(4) Any issues of noncompliance with resolution 
agreements or noncompliance with a decision 
reached through a binding resolution procedure 
shall be enforceable only as available in the 
general courts of justice of North Carolina. 

Statutory Authority G.S. 126-4(17); 126-34.1; 126-34.2. 

.0506 DISCRIMINATION 



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This policy ohall bo posted in a p e rmanent and conspiou 
quo mannor in ao many work aroao an may b e n e o e ooary and 
ohall b e oovorod fully during th e ori e ntation prooeduro for 
all now employees. 

(a) A state employee who has the right of direct appeal to 
the Commission (such diroot app e al oonsioting of a cont e st e d 
oaoo h e aring and a recommend e d d e cision by an adminiotra 
tivo law judge of tho Offioo of Administrative Hearings and 
a decision by the Commiao ieB) has the option of using the 
grievance procedure established within h» their d e partm e nt 
agency if he they so desire. If an employee elects to utilize 
the agency grievance procedure, the An employee ef 
applicant must appeal an alleged act of discrimination within 
the time frames set by his their d e partm e ntal agency 
grievance procedure. An employee who chooses to bypass 
his dopartmont'a their agency's internal grievance procedure 
and appeal directly to the Commission (by directing such 
appeal to the Offio e of Administrativ e Hearings for a 
oontooted oaoo hearing and a r e oomm e nd e d d e cision) must 
do so within 30 calendar days of notice the alleged discrimi- 
natory action. 

(b) An employee who alleges sexual harassment and 
elects to utilize the agency grievance procedure, shall have 
the right to bypass any step in the agency grievance proce- 
dure or alternative dispute resolution procedure involving 
discussions with or review by the alleged harasser. 

Statutory Authority G.S. 126-4(9); 126-4(17); 126-7.2; 
126-16; 126-34.1; 126-34.2; 126-36; 126-38. 

.0507 LEAVE IN CONNECTION WITH 
GRIEVANCES 

(a) Every department, — agency — or university which 
op e rat e s a gri e vanoe proo e dur e ohall, on a quart e rly basis, 
oompil e information in th e format r e quir e d by tho Offioo of 
State Personnel on employee grievances. — This information 
shall bo sent to tho Offioo of State Personnel, Employee 
R e lations Division. — Thooo reports ohall bo duo on th e first 
business day of e aoh of the following months: — January, 
April; July; October. An employee shall be allowed time 
off from regular duties as may be necessary and reasonable 
up. to a maximum of eight hours for the preparation of an 
internal grievance under the procedures adopted within their 
agency without loss of pay, vacation leave or other time 
credits. 

(b) Th e Offio e of Stat e Personnel shall mak e r e ports to 
th e full Stat e P e rsonnel Commission at its first sch e dul e d 
mooting of tho fiscal year and of tho calendar year based on 
information supplied by departments, agencies and univorsi 
ti e s in (a) of Rule U .0507. Necessary and reasonable time 
for participation in contested case hearings and other 
administrative proceedings outside the agency in connection 
with employment, as a party, shall be granted upon request 
to the employee's supervisor or personnel officer without 
loss of pay, vacation leave or other time credits. Manage- 
ment may require prior official notice of the scheduling of 
and documentation by the presiding official or designee of 



the time the employee spent in attendance at these adminis- 
trative proceedings. 

Statutory Authority G.S. 126-4(9). 

.0508 SPC APPROVAL OF ADR AGREEMENT 

(a) In e v e ry e mploy e e gri e vano e I whioh th e gri e vant hao 
tho right of appeal to tho State personnel Commission 
(SPC), tho final decision of tho agency head must inform th o 
gri e vant in writing that any app e al from th e final d e partmon 
tal/university d e cision must bo mad e to th e SPC. — Further, 
tho griovant shall bo informed in writing that an appeal to 
tho SPC shall bo made by filing a request for hearing with 
th e Offioo of Administrative Hoaringo, P.O. Box 11666, 
Ral e igh, North Carolina 27601 . 

(b) In every case in which tho griovant appeals tho final 
agency decision to tho State Personnel Commissio ns—the 
agenoy shall transmit a rooord of th e oaoo to the Offioo of 
Stat e P e rsonn e l for prooodurol r e viow and approval. — This 
transmittal shall bo done within five working days of tho 
agency being informed in writing of tho griovant' s appeal to 
th e State P e rsonn e l Comm i ss i on. — Th e r e oord transmitt e d 
shall includ e at l e ast oopi e o of th e following: the final 
agency decision; tho report of tho grievanoe oommitte ej-the 
action (letter of dismissal, oto.) which tho grievance is based 
upon; any oth e r information noooooary to a prooodurol 
r e vi e w of th e matter. 

(c) Tho Offioo of State Personnel shall conduct a prooo 
dural review of tho matter to insure compliance with 
appropriat e laws and polioi e s. — Th e Offio e of State P e rson 
n e l shall, within fiv e working days of r e c e ipt of th e r e oord, 
issue to tho agency a notice that all appropriate laws and 
policie s have boon complied with. In tho event that there i s 
som e proc e dural inad e quacy, th e Offio e of Stat e P e rsonnel 
shall notify th e agenoy in witing of tho sp e cific problem, 
including a citation of tho law or policy involved, together 
with a recommendation tho grievanoe is based upon; any 
oth e r information n e o e ooary to a prooodurol review of th e 
matt e r r e ooipt of th e r e oord. — This r e viow shall bo on 
procedural matters only and shall not bo a review of tho 
merits of tho agency decision. 

Any resolution or agreement reached during the alternative 
dispute resolution procedure shall, to the extent that it 
involves a grievance or contested case issue, be treated as 
a settlement/consent agreement for the purposes of the 
required State Personnel Commission approval under 25 
NCAC IB .0436. 

Statutory Authority G.S. 126-4(9); 126-4(17); 126-34.2; 
126-35; 150B-23. 

.0509 AGENCY GRIEVANCE REPORTS 

(a) Every agency shall, semi-annually and as otherwise 
requested, compile information in the format required by the 
Office of State Personnel on employee grievances. These 
reports shall be due on the first business day of each of the 
following months: January and July. 



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PROPOSED RULES 



£b) The Office of State Personnel shall make reports to 
the full State Personnel Commission at its February and 
August meetings based upon the information supplied in 
these semi-annual agency reports. 

Statutory Authority G.S. 126-4(9). 

.0510 FINAL AGENCY ACTION 

In every employee grievance in which the grievant has the 
right of appeal to the State Personnel Commission (SPQ, 
the final decision of the agency head must inform the 
grievant in writing that any a ppeal from the final agency 
decision must be made to the SPC within 30 days after 
receipt of notice of the decision or action which triggers the 
right of appeal. Further, the grievant shall be informed in 
writing that an a ppeal to the SPC shall be made by. filing a 
petition for contested case hearing with the Office of 
Administrative Hearings. P.O. Drawer 27447. Raleigh. 
North Carolina 27611-7447. 

Statutory Authority G.S. 126-4(9); 126-7.2; 126-35; 126-37; 
126-38; 150B-23(a). 

.0511 GRANDFATHER CLAUSE 

Agencies are authorized to continue to use their existing 
approved grievance procedure, except to the extent that it is 
inconsistent with the law, until a procedure consistent with 
this Section is a pproved by the State Personnel Commission 
(SPC"). All agency procedures shall be submitted to the 
State Personnel Commission beginning in January 1996 and 
a pproved by the State Personnel Commission by October 
15. 19%. Any agency without an a pproved procedure that 
complies with these Rules after October 15. 1996 shall use 
the procedures adopted by the Office of State Personnel to 
administer grievances within that agency. 

Statutory Authority G.S. 126-4(9). 

SECTION .0800 - GOVERNOR'S AWARD FOR 
EXCELLENCE 

.0801 PURPOSE 

Tho State of North Carolina has long boon noted for loyal, 
efficient and dedicated omployooo who provide valuable 
services in all aroaa of state government. — The Governor's 
Award for Exo e llonoo woo cr e ated to acknowl e dg e and 
e xpress appreciation for outstanding achi e v e m e nts mad e by 
tho employees of tho state. — Thifl award is tho highest honor 
that a state employee may receive for dedicated service to 
stat e gov e rnm e nt and th e p e opl e of North Carolina. 

The Office of State Personnel shall establish and adminis- 
ter a Governor Awards recognition program to recognize the 
highest achievements of State employees. 

Statutory Authority G.S. 126-4(15). 

.0802 AWARDS COMMITTEE 



{ft) — Tho Awards program is administe r ed by tho State 
P e rsonn e l Commission with adminiotrativ e support provided 
by th e Offioo of State Personn e l. A Govomor'o Awardo for 
Recognition of State Employee s ' Committee ohall make 
annual selection of those State employees to receive tho 
Governor's Awardo for Exo e llonoo. — Th e Committee sh all 
oonoiot of fiv e m e mbers, four appointed by th e Governor 
and one appointed by tho State Personnel Commission 
Chairpe r son from tho Commission membe r s. — Of tho fou r 
appointed by th e Governor, two members ohall b e ourr e nt 
or form e r State e mployees and two ohall b e from private 
business sector o r tho public at largo. — Beginning in 1993, 
terms of appointment of tho Governor's appointees will bo 
staggered, with two terms being for two y e aro and two 
terms b e ing for four years. — Subsequent appointm e nts shall 
bo for four yearo or for tho duration of an unexpired term. 
Tho Stato Personnel Commission appointee shall servo as 
th e Awards Committee Chair and will servo at th e pleasure 
of th e Commission Chairp e rson. 

(b) Tho awards shall bo presented annually each fall. — The 
Committee will select tho omployooo to receive tho Govor 
nor's Award for Exc e ll e nc e from among the nominations 
submitted by e aoh d e partm e nt and univ e rsity. 

(o) Tho Offioo of Stato Personnel shall recommend to tho 
Governor tho week to bo proclaimed as "North Carolina 
State Employees Appr e ciation Week" and coordinate a date 
for th e awards c e r e mony. 

(a) A Governor's Awards of Excellence Committee shall 
be appointed by the Governor to make an annual selection 
of State employees to receive the awards of excellence. The 
committee shall consist of five members, four appointed by. 
the Governor and one a ppointed by the State Personnel 
Commission Chairperson from the Commission members. 
Of the four appointed by the Governor, two members shall 
be current or former State employees and two shall be from 
the private business sector or the public at large. Terms of 
appointment are for four years, with two members rotating 
off the Committee each year. A ppointments for unexpired 
terms shall be for the duration of the term. The State 
Personnel Commission appointee shall serve as the Award's 
Committee Chair. 

(b) The awards shall be presented annually. The Com- 
mittee shall select the employees to receive the Awards of 
Excellence from among the nominations submitted by 
agencies. 

Statutory Authority G.S. 126-4(15). 

.0803 NOMINATIONS 

fa} — Nomination may b e made for meritorious or distin 
guiohod accomplishments mad e by any p e rman e nt stat e 
employee at any level of employment with consideration 
given to tho relative opportunities for accomplishmen t- 
afford e d by th e individual's position. — A prooorib e d nomina 
tion form will bo furnish e d to e aoh d e partment and univor 
sity to bo used to submit their nominations for tho Govor 
nor's Awards. — A deceased employee, a retired omployoo 7 



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PROPOSED RULES 



or an employee on loavo without pay mny also bo nomi 
natod. — Employooo may nominate pooro and/or managero and 
vioo voroa. — Employooo who wore nominat e d, but who did 
not receive the Governor's Award of Excellence, may bo 
nominated again in a succeeding year. 

(b) Thio program io for all perman e nt e mployooo inolud 
ing the manag e rial and adminiotrativ e l e v e ls ouoh ao: 

(4} Deputy and Assistant Department Head; 

(3) Division Directors; 

(3) Deputy and Assistant Dir e otoro of major divi 

oions in th e larger dopartmento; 

(4) Key assistants to the Department Head or Uni 

vorsity Chancellor — who exert major policy 
influenc e . 
Howev e r, it does not include ol e ot e d offioialo and Univ e rsity 
Chancellors. It does not include those employees who work 
in the public school system or community colleges. 

(0) The aooompliohm e nto nood not fall e ntir e ly with in-the 
soopo of normal duties, but shall b e in th e natur e of a major 
contribution reflecting credit on the person and state service. 
The meritorious service or accomplishment must bo 00 
singularly outstanding that sp e oial recognition io justifi e d. 



.0805 AGENCY, DEPARTMENT OR UNIVERSITY 
RESPONSIBILITY 

Eaoh d e partm e nt or university shall adopt polioi e o and 
procedures monitored by the State Personnel Commission 
that will; 

(4-) Establish a program to r e oogniz e annually within 

th e d e partm e nt — or university outstanding and 
meritorious achievements within the oix categories 
sot out under the Awards section. — The program 
may provide for on e or more awards dep e nding on 
th e organizational structure and siz e of divisions 
or major programs within the department or 
university. 

(3) Provid e for an Awards Committee to b e responsi 

bio for the proooooing of awards; ouitabl e ooromo 
nios for presentation of awards; and, to promote 
participation in the program by all eligible em 
ployoeo. 
Agencies submitting nominations to the Governor's 
Awards Committee shall commit by signing the nomination 
form to su pport the nominees/recipients by providing time 
and travel to attend the Governor's Awards Ceremony. 



Statutory Authority G.S. 126-4(15). 

.0804 AWARDS CATEGORIES 

Awards may bo made in th e following oat e gori e o: 

(4-) Devotion to Duty. Through unselfi s h devotion to 

duty, far and above normal requirements, em 
ploy ee has oontributod oignifioantly to th e ad 
vanoomont of state servic e to th e oitiz e no of th e 

(3) Innovations. Through fruitful study and invostiga 

ties — employ ee — has — initiated — and — succ e ssfully 
establish e d n e w and outstanding m e thods, prao 
rices, plans or designs having fundamental values. 
(Such as pioneering or research and development 
work in administration, e ngin ee ring, productivity, 
agriculture, med i cine, natural reoouro e s, th e social 
s cience s , etc.) 

(3) Public Service. — Employee has made outstanding 

contributions to the publio o e rvio e . 

(4) Saf e ty /H e roism. Employ e e has demonstrated 

outstanding judgement, courage, self possession or 
ability in an emergency, — meritorious action to 
prev e nt injury, loss of lif e or to pr e v e nt damag e to 
or loss of prop e rty. 

(5) Human Relations. — Employee has made outstand 

ing contributions to the field of human relations, 
e mployee manag e m e nt r e lation s , or any of th e 
allied fields. 

(6} Other Achievements. — Employee has made other 

significant achievements for services which do 
s e rv e r e oogniti efh- 

Statutory Authority G.S. 126-4(15). 



Statutory Authority G.S. 126-4(15). 

.0806 NUMBER OF NOMINATIONS 

The number of nominations that may b e submitted from 
each department or university for the Governor's Awards 
for Excellence is based on the total number of perman ent 
omployoos in the classes that are e ligibl e ao of the e nd of the 
last oal e ndar y e ar. 

Statutory Authority G.S. 126-4(15). 

.0807 CRITERIA FOR SELECTION 

The criteria for the Governor's Award are outstanding 
service, accomplishment, and contribution to the state. — The 
p e rformanc e upon whioh the selection is bas e d must b e 
cl e arly abov e and b e yond that which would be e xp e ct e d 
from dedicated omployoos who are fully and competently 
discharging all of the duties and satisfying all of the require 
ments of th e ir job. — When th e accomplishment io oloooly 
conn e cted with the performanc e of normal duti e s, it will b e 
nocossary to consider how it was beyond the scope of 
normal activity. — It is evident that administration of a 
program of awards for sup e rior p e rformanc e cannot b e 
r e duc e d to an absolut e soi e no e . — A largo m e asur e of good 
and consistent judgement is essential. 

Statutory Authority G.S. 126-4(15). 

.0808 TYPE OF AWARD 

The award will bo a mounted plaque inscribed with an 
appropriate m e ssag e of recognit i on and appr e ciation signed 
by the Governor and displaying th e S e al of The State of 
North Carolina. — Each will receive an appropriately do 
signed piece of personal jewelry which can bo worn as a 



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PROPOSED RULES 



recipient of tho Governor's Award for Excellence. 
Statutory Authority G.S. 126-4(15). 

.0809 PROCEDURES 

(*) — Nominationo will bo rank e d ind e p e ndently by e aoh 
mombor of the oommitte e . Solootion of the award r e cipi e nts 
will then bo made by majority vote of tho committee afte r 
complete evaluation of all eligible candidatoo. 

(te) Tho oommittoo will r e oommond an appropriate 

ooromony in kooping with tho oignifioano e of th e awards. 
Awards will bo presented annually by tho Governor at a 
ceremony during the week proclaimed by tho Governor as 
"North Carolina State Employees Appreciation Week". 

Statutory Authority G.S. 126-4(15). 

SUBCHAPTER IK - PERSONNEL TRAINING 

SECTION .0300 - EDUCATIONAL ASSISTANCE 
PROGRAM 

.0318 TAX STATUS 

Tho U.S. Internal Revenue Service Code specifies that 
employer reimbursed educational aaaiatanco is subject to all 
withholding tax e s if th e roimburoomont io for oourooo whioh 
prepare an employee to moot minimum job roquiromonto or 
to qualify for a now job. Agonciog/univorsitioo and om ptey- 
oos are advised that thooo ruloo on roimburoomont comply 
with th e IRS Codo regarding employe e tax liability . — T-e 
determine e mployee tax liability for r e imbursement under 
this program, — tho agoncy/univoroity — should apply — the 
following teats; 

(4) Do e s th e employ e e moot tho minimum e ducational 

r e quir e ment*} for th e job? 

(a) No. Then tho employee is ineligible for oduca 

tional assistance. 

(te) ¥eft — Then se e Subparagraph (2). 

(3) Is the r e qu e sted oouro e (B) a graduate 

(post baccalaureate) course? 

(«) ¥eft — Then roimburoomont is subject to with 

holding tax and FICA. 

(te) H»-. — Th e n s ee Subparagraph (3). 

(3) I s each requested course to maintain or improve 

current — jete — skills — ef — te — comply — with 
law/r e gulation/rul e or to comply with th e e m 
ployer's r e quir e m e nts in order for employee to 
retain his job? 

(a) No. Then reimbursement is subject to withhold 

ing and FICA. 

(te) ¥©9: — Thon see Subparagraph (1). 

Note: — Internal Revenue Service Codo and Rogu 
lations supersede all other State laws and rules. 

(4) Would oompletion of the oouroe(o) qualify th e 

employee for a now position (ohong e in status or 
pay) or make tho employee eligible to toko an 
e xamination which would qualify him for a now 



position? 

(a) ¥est — Th e n reimburs e m e nt is subj e ct to with 

holding and FICA. 

(b) N&-. — Then no taxes arc withhold. 

Note; — This toot is also applicable to tuition waive r 
programo in Univ e rsity of North Carolina institu 

The U.S. Internal Revenue Service Code (IRS) requires 
payment of all withholding taxes on educational assistance 
reimbursements unless there is a specific exemption in the 
IRS Code for educational assistance. Consistent with the 
IRS Code, the Office of the State Controller shall issue in 
January, for that calendar year, procedures for withholding 
taxes from educational assistance reimbursements. These 
procedures shall be sent to the Chief Fiscal Officer of each 
department, agency and university. 

University tuition waiver programs are different from 
educational assistance in both state law and the IRS Code. 
However, the withholding provisions of the IRS Code are 
applicable to tuition waiver programs. 

Statutory Authority G.S. 126-4. 

SECTION .0700 - PUBLIC MANAGER PROGRAM 

.0701 PROGRAM ADMINISTRATION 

(a) Polioy regulations for th e Publio Manager Program 
are established by tho State Personnel Commission. — General 
guidance for tho program is provided by tho Governor's 
Advisor)' Committ ee: — Tho Advisory Committ ee appointed 
by th e Gov e rnor oonsioto of representatives of th e e x e outivo 
branch of North Carolina State Government, tho University 
of North Carolina, and other appropriate interests. — The 
oommitte e maintains advisory — ov e rsight of th e Publio 
Manager Program — its design, d e v e lopm e nt, finanoing, and 
operation — and advisee tho director of tho program an d 
other parties with respect to tho program. It is the intent of 
the State of North Carolina to provide competency based 
training for mid-level managers through the Public Manager 
Program. 

(b) The Public Manager Program is a joint effort of 
North Carolina State Government and The University of 
North Carolina System. The program is based in and 
administered by the Office of State Personnel. Program 
development — requirements — and administratio n — 3holl bo 
provided by a program director and staff under the direction 
of th e State P e rsonnel Dir e ctor. — In addition to this staff, 
oach department, agency or university within state govern 
mont shall designate a coordinator with responsibility for 
program communication and support within tho department, 
ag e ncy, or university. 

Statutory Authority G. S. 126-4. 

.0702 PURPOSE 

(a) The Public Manager Program is intended to provide 
state government managers with practical training that will 



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PROPOSED RULES 



assist them in performing the increasingly difficult tasks 
they face as managers. The program seeks to increase the 
competence and broaden the managerial capacity of partici- 
pants. With improvements in the performance of manage- 
ment, it is expected that the manager's work unit will 
function more productively and that the organization as a 
whole will be beneficially changed by the presence of 
trained managers in increasing numbers. The ultimate goal 
is to impact the quality, efficiency and productivity of state 
government operations. 

(b) The focus of the program is upon middle managers 
employed in various state agencies. Most middle managers 
in North Carolina State Government have their training and 
experience in technical, specialty or professional fields. 
These managers excelled in their field before being pro- 
moted to management roles; however, many lack the formal 
training needed to manage modem government operations or 
lack opportunities for management development. Thus, the 
program is designed to improve the managerial competence 
of middle managers. 

(e) — Managers arc entrusted with responsibilities for 
d e v e loping piano, impl e menting now sorvioes, managing 
oontinuing programs, monitoring th e quality of p e rformanc e 
and rooulto and reporting to the public on the efficiency and 

effectiveness of the prooooa. The need for improved 

oomp e t e no e — of gov e rnm e ntal — manag e rs — te — m ee t — these 
growing d e mando io th e basis for th e d e v e lopm e nt of th e 
North Carolina Public Manager Program. 

Statutory Authority G.S. 126-4. 

.0703 PROGRAM ACCREDITATION 

(a) The North Carolina Public Manager Program is 
conducted in accordance with the curriculum requirements 
specified by the National Certified Public Manager Program 
Consortium and is in full compliance with the program 
accreditation standards of the Consortium. The Consortium 
io oompoo e d of th e following states an of F e bruary 1, 19 8 3: 
Georgia, Arizona, Florida, Louioiana, V e rmont, and North 
Carolina. 

(b) The Consortium has boon established with the purpose 
of facilitating program e xpansion, e nsuring content quality 
and providing an information clearinghous e . 

Statutory Authority G. S. 126-4. 

.0704 PROGRAM CURRICULUM 

Principles to guide the development of the curriculum for 
the program s hall include: 
ft) cours e s will b e skill sp e oifio and r e l e vant to 

manag e rial functions; 
(3) courses will provide diagnostic, s elf awareness 

and feedback methodolog i es; 
(3) oouro e s will oontain opportunities for participants 

to apply l e arning sf 
(4) courses selected by participants will bo individu 

ally relevant. 



Statutory Authority G. S. 126-4. 

.0705 PROGRAM PARTICIPATION 

(a) To allow agencies an opportunity to participate on an 
equitable basis, the program director shall allocate a 
maximum number of slots to each agency. The number of 
slots allocated is primarily based on a consideration of such 
factors as percentage of total employment in each agency 
agency, percentage of managers to total employees. Other 
faotors suoh as adjustments to ensure that smaller agencies 
are r e present e d represented, and adjustment caused by 
cancellations may bo utilized in tho allocation process . 

(b) Through tho allocation of s lots, tho The responsibility 
for selection of and recommendations of applicants rest with 
the agency management . Final A pproval of participants 
rests with the Office of State Personnel. Tho program 
director shall develop guidelines for selection of participants 
which agenoioo may adapt to th e ir sp e oifio oiroumstano e o. - 
Manag e ro interested in tho program should contact their 
interdepartmental coordinator or tho North Carolina Public 
Manager Program, 101 W. Peace Stroot, Raleigh, North 
Carolina 37603 to obtain an application for m? 

(c) Records of each participant, to be kept by the employ- 
ing agency and the Director of the Public Manager Pro- 
gram, should include the completed application form, 
agency approval, and program accomplishments. Record of 
Program participation becomes part of the The employee's 
personnel file shall include a record of program particip a- 
tion. 

Statutory Authority G.S. 126-4. 



.0707 PRINCIPLES RELEVANT TO CURRICULUM 
DESIGN 

(a) S e v e ral principl e s shall guid e th e d e v e lopm e nt of th e 
curriculum for tho Public Manager Program, all aimed at 
providing a quality developmental program which is practi 
oal, r e l e vant, and challeng i ng. 

(b) Th e oouro e s which compris e tho major oompon e nt of 
tho program shall bo defined by determining tho most 
important function s performed by middle managers in state 
gov e rnm e nt. — Tho design of cours e s may not att e mpt te 
cover topioo; rather, course design e mphasis will bo placed 
upon th e most useful s kills, both cognitive and behavioral, 
which will enable managers to effectively perform manage 
rial Amotions. 

(e) — Eaoh cours e is int e nd e d to provide the following: 



fH- 



m- 



m- 



w- 



at least one d i agnostic method to assess the 

current situation or level of performance of the 

participants; 

one or mor e tools, models, or t e chniqu e s te 

effectively perform a function and criteria for 

choosing tho most effective way to porform -the 

function; 

an opportunity to apply l e arning during tho 

course in exorcises and simulations; 

tho development of strategies to apply learnings 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1013 



PROPOSED RULES 



to ono'o job. 

(d) Tho ohallongo of learning by doing involv e s partioi 
panto in roal taokn ao well ao olaooroom oxoroiooo. — S e v e ral 
courses should require on job projects ao well as of partici 
panto' situations and problems ao tho focua of discussiona 
and ox e roiooo, 

(o) Tho program providoo an opportunity' for partioipanto 
to select courooo which ore moot rolovant to tho individual. 
Planning procooooo should promote thoughtful aooooomont by 
partioipanto ao w e ll ao th e ir imm e diat e sup e rvisors oono e rn 

ing job requir e ments and ourront p e rformanc e . Those 

procoesoo should inouro that choices of courooo are based 
upon recognized developmental noodo. 

(f) Tho oommitmont to quality should b e operationaliz e d 
through a variety of evaluation prooooooo. — Eaoh participant 
should bo assessed by tho instructor who determines that tho 
oaaontiol learnings of tho course have boon achieved . — Each 
oouroe should b e thoroughly evaluat e d by partioipanto and 
obs e rv e d by p e riodio int e rvals from participants and th e ir 
supervisors — to dotormino — whether — learnings — have boon 
applied on tho job and to aaaooo tho value of performance 
improvements. 

Statutory Authority G. S. 126-4. 

.0708 FUNDING FOR PROGRAM 

(a) Unless fully funded by the General Assembly, funds 
for the operation of the Public Manager Program are to be 
derived from fees charged to oaaoosmonts provided by the 
voriouo stat e agencies with a pproved whioh o e l e ot partici- 
pants to enroll in th e oouroos. Monioo ooll e oted will 

comprise a rocoipts based fund, to bo administered by tho 
program staff . Fees will be based on actual costs of 
development, instruction, materials and administration. 

(b) Prior to th e b e ginning of op e rations for a fisoal y e ar, 
projected coats for tho program will bo oompilod. — A budget 
will then bo prepared by tho program staff. — It s hall bo 
reviewed and approv e d by the Advisory Committ ee and th e 
Stat e — P e rsonn el — Dir e ctor; — ther e after, — e stablish e d — state 
budgeting procedures shall apply. — Each participating agency 
will bo oosooood on equitable proportion of tho total oporat 
ing budg e t bas e d upon ourront and proj e otod e nrollm e nto for 
th e particular fiscal y e ar. 

(e) — If s pace in a specific oourso exists, agencies may 
enroll additional employ ooo in individual courses, — Tho cost3 
for th e s e e nrollments may be ohargod to tho agenoies 
through tho e stablish e d f ee soh e dul e . — Ag e noi e s may al so 
request — that oouroos — from tho program curriculum — be 
conducted for groups of managers within tho agency. — Foes 
will b e boo e d on aotual coots of d e v e lopm e nt, pr e s e ntation 
and administration. 

Statutory Authority G. S. 126-4. 

SUBCHAPTER 1L - EQUAL OPPORTUNITY 

SECTION .0100 - EQUAL EMPLOYMENT 



OPPORTUNITY PLANS AND PROGRAMS 

.0101 DUTDZS OF SECTION 

Tho affirmative action section of tho The Office of State 
Personnel is responsible for developing and administering a 
program to ensure that employees are provided with equal 
employment o pportunities at all occupational levels gr e ater 
utilization — ef- — aH — persons — by — identify' ing — previously 
underutilized groups in tho workforce, ouch as minorities, 
wom e n, — and handioappod — p e rsons; — and making Bga etai 
offorto toward th e ir r e oruitmont, s e l e ction, d e v e lopm e nt and 
upward mobility . 

Statutory Authority G.S. 126-4; 126-16; 126-19. 

.0102 PURPOSE 

(a) The State is committed to equal employment opportu- 
nity and recognizes that effective and efficient government 
requires the talents, skills and abilities of all available 
human resources. It is the official policy of the State of 
North Carolina to provide all current employees and 
applicants for state employment with equal employment 
opportunities, without discrimination on the basis of race, 
color, religion, national origin, sex, age, or handicapping 
condition as defined by G.S. 168A or disability as defined 
by the Americans With Disabilities Act . All personnel 
policies, practices and programs shall be administered and 
implemented in a non-discriminatory manner by all state 
agencies and universities. 

(b) The commitment to equal employment oar e or opportu- 
nity shall be undertaken by_ state government through an 
equal employment opportunity plan a continuing program of 
affirmative action in order to: 

(1) assure that all personnel policies and practices 
relevant to total employment in state government 
will guarantee and preserve equal employment 
opportunities for all persons of the state; 

(2) assure diversity at all occupational levels of the 
state's workforce oooure mor e e quitable ropro 
oontntion of women, minorities, and handioappod 
persons throughout all aspects of tho state's 
workforce . 

Statutory Authority G.S. 126-4(10); 126-16; 126-19. 

.0103 PROGRAM IMPLEMENTATION: STATE 
LEVEL 

(a) The Office of State Personnel in cooperation with tho 
several departments of state government shall develop and 
implement a State Equal Employment Opportunity Affirmn 
tivo Aotion Plan to promote equal employment opportunity 
to include, but not be limited to, a policy statement and the 
following elements : 

(1) recruitment, 

(2) disciplinary processes, int e rvi e wing, 

(3) selection processes. 

(4) hiring, 



1014 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



PROPOSED RULES 



(5) promotion, 

(6) training, 

(7) compensation and benefits, 

(8) performance appraisal, (WPPR) 

(9) reduction-in-force, 

(10) harassment prevention. 

(11) evaluation mechanism. 

(12) reporting mechanism. 

(13) transfer and/or separation, and 

(14) grievance procedures. 

(b) The Office of State Personnel shall provide: 

(1) technical assistance, training, oversight, monitor- 
ing, evaluation, and su pport programs to each 
state departm e nt agency and university of stat e 
governm e nt . 

(2) develop systems to review, analyze and evaluate 
trends regarding all personnel policies affecting 
the elements in the State EEO Plan. 

Statutory Authority G.S. 126-4(10); 126-16; 126-19. 

.0104 PROGRAM IMPLEMENTATION: AGENCY 
AND UNIVERSITY LEVEL 

(a) Each state agency department head of state govern 
mont and University Chancellor shall develop and implement 
an agency a d e partm e ntal or university equal employment 
o pportunity affirmativ e aotion program and plan d es ign e d to 
solve problems in tho s e areas that adversely affect minori 
ties, women and handicapped persons . 

(b) Each state agency department and university shall 
submit pr e s e nt a plan by March 1 of each year for this 
affirmative action program to the Office of State Personnel 
for review, technical assistance and approval by the Director 
of State Personnel. 

(c) Each state agency's d e partm e nt's and university's 
equal employment o pportunity affirmative action plan and 
program shall include but not be limited to the following 
elements: m ee t all r e quir e m e nts of th e administrati ve- 
EEO/AA Planning and Rooourooo Guid e and shall inolud e 
but not bo limited to the following elements. 

(1) policy statement, a workforce analysis designed 
to e xamin e th e numb e r and l e v e ls at which it 
e mploys minoriti e s, wom e n and handicapped 
persons; 

(2) assignment of responsibility and accountability. 
a s e t of obj e ctiv e s, goals and tim e tabl e s; 

(3) dissemination procedures, a r e oruitm e nt program 
designed to attract minorities, women and handi 
capped persons to all levels of employment; 

(4) workforce analysis, on intervi e wing program 
that inoludos, for e aoh vaoanoy, th e int e rvi e wing 
of at least throe applicants representative of the 
e thnic, sex and handicapped composition of 
available applioants; 

(5) program objectives, a program of promotion and 
oaroor ladders for present employees; 

(6) a program of training to enhance employee 



development and advancement — opportunities. 
Suoh programs shall inoludo a prooosa to ensure 
that minorities, women and handioappod p e rsons 
have adequate representation and participation in 
internal and external training programs such as 
Sup e rvisory Training, Publio Managers Pro 
gram, and Educational Assistanc e Program; 
program activities addressing the following: 

(A) recruitment. 

(B) disciplinary process. 

(C) selection processes. 

(D) hiring. 

(E) promotion. 

(F) training and development. 

(G) compensation and benefits. 
(H) performance appraisal. 

(I) transfer and/or separation, and 
(J) grievance procedures. 

(7) evaluation mechanism. A program of orientation 
and training in equal employment opportunity 
and affirmative aotion compliance for all manag - 
e rs, supervisors and oth e rs authoriz e d to make 
or r e commend p e rsonnel aotions; 

(8) report mechanism. Reduction in force prooo 
duros are designed to maintain the proportion of 
prot e oted group m e mbers in th e d e partmental or 
university workforoo and pr e s e rves gains made 
in utilizing protected group members; 

(9) prevention and correction of harassment. An 
annual internal e valuation system (WPPR) to 
hold managers to all levels accountable for the 
progress of the department's and university's 
affirmative action program; 

(10) reduction-in-force procedures, and an int e rnal 
r e porting — system to — m e asur e — total program 
effectiveness. 

(11) procedures for monitoring. 

(d) Each state agency head and university chancellor shall 
designate an official at the deputy secretary, assistant 
secretary or vice-chancellor or assistant vice-chancellor level 
or high level official with a direct reporting relationship to 
the agency head, or chancellor, to assume responsibility for 
the operation and implementation of their equal o pportunity 
plan and program. Each department head shall assign 
responsibility and authority for the affirmative action 
program to a high l e vel offioial or an equal e mployment 
opportuniti e s offio e r (EEOQ). Division hoads and appropri 
ate supervisors shall participate in developing the program 
and shall bo responsible for implementing it in the work 

Statutory Authority G.S. 126-4(10); 126-16; 126-19. 

.0105 PROGRAM PLAN REVIEW 

(ft)— E aoh state d e part m e n t/agonoy and univ e rsity e mploy 
ing SPA employees shall submit annually an Affirmative 
Aotion Plan (update of entire plan or revisions as specified) 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1015 



PROPOSED RULES 



or shall submit an application for a throe year EEQ/AA 
planning oyolo and a Three yoar Affirmativ e Aotion plan to 
the Offioo of State Poroonnol for review, t e ohniool aooio 
tanoo, and approval by the State Poroonnol Diroctor. — The 
3ubmioaion date will bo January 31 for annual plans or 
January 3 1 of the year immediately following th e last y e ar 
for whioh the previously approved throe y e ar plan e nd e d. 

(b) Each state dopartmont/agoncy and university applying 
for throe yoar Affirmative Aotion Plan approval shall, in the 
judgement of th e State P e rsonn e l Dirootor, m ee t e aoh of th e 
preliminary requirements for throe year EEO/AA plan 
approval stated in tho Standards For Throe Year Plan 
Approval ioouod by tho Equal Opportunity Sorvicoo Division 
of tho Offioe of State Poroonn e l. 

(o) All reports submitt e d to th e Offioo of Stat e Peroonn e l 
shall bo reviewed by tho department head or university 
chancellor and signed by tho EEO Officer, verifying tho 
prooooo of program impl e m e ntation. 

Statutory Authority G.S. 126-4(10); 126-16. 

.0106 REPORTS 

(a} To assist in the evaluation of the State's Equal 
Employment Opportunity Affirmative Action Program, each 
state agency,, and university or institution shall provide 
submit reports in a format provided by the Office of State 



Personnel.. Commission with tho following oomplia aee 
information conc e rning invootigations or other review m ade 
by th e Equal Employment Opportunity Commiooion, or 
through court proceedings! 

(4) A copy of all oorroopondonoo to tho EEOC 

oono e rnia g — a — "n e gotiat e d — oottlomont, " — more 
recently referr e d to as a no fault oottlomont; 

(3} A copy of "position statements" prepared by tho 

depart mont — or institution whioh outlines an 
analyooo of th e facte and mak e o a recommenda - 
tion to EEOC that th e y make a finding of no 
reasonable cause; 

(3) whore — investigations — are — conducted — by — the 

EEOC, a otat e mont ao to th e nature of tho 
eeg plaint, a oopy of th e agr ee ment, conciliation, 
or other oottlomont reached between tho EEOC 
or tho courts and tho state department or institu 
tion, including th e coot of settlem e nt to th e stat e , 
if any. 
(h) — Tho Offioo of State Personnel will provide staff 
assistance to agency EEO officers in tho investigation and 
pr e paration of responses to th e EEOC. 

Statutory Authority G.S. 126-4; 126-16. 



1016 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



LIST OF RULES CODIFIED 



> 



X /ic List of Rules Codified is a listing of rules that were filed with OAH in the month indicated. 


Key: 




Citation 


= Title, Chapter, Subchapter and Rule(s) 


AD 


= Adopt 


AM 


= Amend 


RP 


= Repeal 


With Chgs 


= Final text differs from proposed text 


Corr 


= Typographical errors or changes that requires no rulemaking 


Eff. Date 


= Date rule becomes effective 


Temp. Expires 


= Rule was filed as a temporary rule and expires on this date or 180 days 



NORTH CAROLINA ADMINISTRATIVE CODE 







AUGUST 95 




[TLE 


DEPARTMENT 


TITLE 


DEPARTMENT 


4 
15A 


Commerce 

Environment, Health, and 


21 


Occupational Licensing Boards 
14 - Cosmetic Art Examiners 




Natural Resources 




32 - Medical Examiners 


18 


Secretary of State 


25 


46 - Pharmacy 

50 - Plumbing, Heating and 

Fire Sprinkler Contractors 
Personnel 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


4 NCAC 10A .0502 










/ 






15 A NCAC 2B .0211 










/ 






.0304 




/ 




/ 




11/01/95 




2H .0103 




/ 




/ 




09/01/95 




.0201 - .0203 




/ 




/ 




09/01/95 




.0204 




• 








09/01/95 




.1001 - .1003 




/ 




/ 




09/01/95 




.1004 






/ 






09/01/95 




.1005 - .1009 


/ 






/ 




09/01/95 




.1010- .1012 


/ 










09/01/95 




.1013 


/ 






/ 




09/01/95 




2Q .0800 










• 






10B .0202 




/ 








09/01/95 




10D .0003 




/ 








09/01/95 







10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1017 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


COIT 


Eff. 
Date 


Temp. 
Expires 


15A NCAC 10F .0313 




/ 




/ 




10/01/95 




16A .1103 










/ 






18 NCAC 6 .1310 




/ 




• 




09/01/95 




.1402 




/ 




/ 




09/01/95 




.1405 




/ 




/ 




09/01/95 




.1407 




/ 








09/01/95 




.1409 




/ 








09/01/95 




.1412 




/ 








09/01/95 




.1413 




/ 




/ 




09/01/95 




.1416 


/ 






/ 




09/01/95 




.1704 




/ 








09/01/95 




.1713 




/ 




/ 




09/01/95 




.1801 




/ 




/ 




09/01/95 




.1901 




/ 




/ 




09/01/95 




.1902 - .1903 




/ 








09/01/95 




21 NCAC 14B .0604 


/ 










08/17/95 


180 DAYS 


32A .0001 




/ 








09/01/95 




.0006 




/ 








09/01/95 




32B .0214 




/ 








09/01/95 




.0309 




/ 








09/01/95 




.0705 




/ 








09/01/95 




.0808 




/ 








09/01/95 




32C .0003 - .0004 




/ 








09/01/95 




.0006 




/ 








09/01/95 




32H .0102 




/ 








07/01/96 




.0201 




/ 








07/01/96 




.0408 


/ 










07/01/96 




.0601 




/ 








09/01/95 




.0602 




/ 








07/01/96 




.0801 




/ 








07/01/96 




.1001 




/ 








07/01/96 




321 .0003 - .0004 




/ 








09/01/95 




32J .0001 - .0002 




/ 








09/01/95 







♦ 



< 



iW5 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


21 NCAC 32N .0003 - .0004 




• 








09/01/95 




21 NCAC 46 .1317 




• 




/ 




09/01/95 




.1601 




/ 




/ 




09/01/95 




.1603 




/ 




• 




09/01/95 




.1604- .1605 




/ 








09/01/95 




.1606 




• 




• 




09/01/95 




.1608 


/ 






• 




09/01/95 




.1609 - .1610 


/ 










09/01/95 




.1611 


/ 






/ 




09/01/95 




.1704 




/ 








09/01/95 




.1801 




/ 








09/01/95 




.1804 




/ 








09/01/95 




.1806 




• 




/ 




09/01/95 




.1807 




/ 








09/01/95 




.1809 




/ 








09/01/95 




.1810 


/ 






• 




09/01/95 




.2006 




/ 








09/01/95 




.2007 




/ 




/ 




09/01/95 




.2008 




/ 








09/01/95 




.2102 




/ 








09/01/95 




.2109 


y 










09/01/95 




.2504 




• 








09/01/95 




.2505 


/ 










09/01/95 




.2603 - .2606 




• 




• 




09/01/95 




.2608 


/ 










09/01/95 




.2609 - .2610 


/ 






• 




09/01/95 




.2803 




/ 




/ 




09/01/95 




50 .0402 




/ 








09/01/95 




25 NCAC ID .2001 






/ 






08/08/95 





i0:22 



iV0/?777 CAROLINA REGISTER 



September 15, 1995 



1019 



RRC OBJECTIONS 



J he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 150B-21.9(a). State 
agencies are required to respond to RRC as provided in G.S. 150B-21. 12(a). 



DEPARTMENT OF COMMUNITY COLLEGES 

Community Colleges 

23 NCAC 2C .0604 - Program Review 
Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Environmental Management 

15 A NCAC 2B .0202 - Definitions 

Agency Revised Rule 
15 A NCAC 2B .0211 - Fresh Surface Water Quality Stds. for Class C Waters 

Agency Revised Rule (Noticed in 9:23, 1979) 
15A NCAC 2H . 1003 - Coastal Stormwater Disposal 

Agency Revised Rule 
15 A NCAC 2H .1008 - Design of Stormwater Management Measures 

Agency Revised Rule 

Health: Epidemiology 

15 A NCAC 19 A .0202 - Control Measures - HIV 
Agency Revised Rule 

Wildlife Resources and Water Safety 

15 A NCAC 10F .0313 - Hyde County 
Agency Revised Rule 

HUMAN RESOURCES 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



06/14/95 
07/13/95 



RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


06/14/95 


Obj. Removed 


07/13/95 



08/10/95 
08/10/95 



Facility Services 

10 NCAC 3C .3001 - Definitions 

10 NCAC 3C .3108 - Suspension of Admissions 

10 NCAC 3C .3205 - Discharge of Minor or Incompetent 

10 NCAC 3C .3302 - Minimum Provisions of Patient's Bill of Rights 

10 NCAC 3C .3502 - Bylaws 

10 NCAC 3C .3602 - Responsibilities 

10 NCAC 3C .3603 - Personnel Policies and Practices 

10 NCAC 3C .3607 - Personnel Health Requirements 

10 NCAC 3C .3608 - Insurance 

10 NCAC 3C .3704 - Status 

10 NCAC 3C .3902 - Manager 

10 NCAC 3C .3904 - Patient Access 

10 NCAC 3C .4003 - Policies and Procedures 

10 NCAC 3C .4102 - Classification of Optional Emergency Services 

10 NCAC 3C .4104 - Medical Director 

10 NCAC 3C .4203 - Nursing Staff 

10 NCAC 3C . 4303 - Nursing Services Maternal Services 

10 NCAC 3C .4307 - Nursing Staff of Neonatal Services 

10 NCAC 3C .4401 - Organization 



RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 



1020 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



RRC OBJECTIONS 



10 NCAC 3C .4502 - Pharmacist 

10 NCAC 3C .4512 - Medications Dispensed 

10 NCAC 3C .4702 - Organization 

10 NCAC 3C .4703 - Sanitation and Safety 

10 NCAC 3C .4704 - Distribution of Food 

10 NCAC 3C .4705 - Nutritional Support 

10 NCAC 3C .4801 - Organization 

10 NCAC 3C .4905 - Tissue Removal and Disposal 

10 NCAC 3C .5002 - Delivery of Care 

10 NCAC 3C .5201 - Psychiatric/Substance Abuse Svcs.: Applicability of Rules 

10 NCAC 3C .5202 - Definitions Applicable/Psychiatric/Substance Abuse Svcs. 

10 NCAC 3C .5205 - Seclusion 

10 NCAC 3C .5302 - Definitions 

10 NCAC 3C .5309 - Nursing/Health Care Administration and Supervision 

10 NCAC 3C .5315 - Dental Care 

10 NCAC 3C .5318 - Activities and Recreation 

10 NCAC 3C .5319 - Social Services 

10 NCAC 3C .5322 - Brain Injury Extended Care Physician Services 

10 NCAC 3C .5323 - Brain Injury Extended Care Program Requirements 

10 NCAC 3C .5324 - Special Nursing Req. Brain Injury Long Term Care 

10 NCAC 3C .5325 - Ventilator Dependence 

10 NCAC 3C .5326 - Physician Services for Ventilator Dependent Patients 

10 NCAC 3C .5403 - HIV Designated Unit Policies and Procedures 

10 NCAC 3C .5405 - Physician Services in a HIV Designated Unit 

10 NCAC 3C .5407 - Use of Investigational Drugs on the HTV Designated Unit 

10 NCAC 3C .5501 - Definitions 

10 NCAC 3C .5502 - Physician Reg. for Inpatient Rehab. Facilities or Units 

10 NCAC 3C .5507 - Comprehensive Rehabilitation Personnel Administration 

10 NCAC 3C .5508 - Comprehensive Inpatient Rehab. Program Staffing Req. 

10 NCAC 3C .5512 - Additional Req. for Traumatic Brain Injury Patients 

10 NCAC 3C .5513 - Additional Req. for Spinal Cord Injury Patients 

10 NCAC 3C .6102 - List of Referenced Codes and Standards 

10 NCAC 3C .6208 - Obstetrical Department Requirements 

10 NCAC 3H .2001 - Definitions 

10 NCAC 3H .2201 - Administrator 

10 NCAC 3H .2202 - Admissions 

10 NCAC 3H .2203 - Patients Not to be Admitted 

10 NCAC 3H .2206 - Medical Director 

10 NCAC 3H .2209 - Infection Control 

10 NCAC 3H .2212 - Quality Assurance Committee 

10 NCAC 3H .2301 - Patient Assessment and Care Planning 

10 NCAC 3H .2302 - Nursing Services 

10 NCAC 3H .2308 - Domiciliary Home Personnel Requirements 

10 NCAC 3H .2401 - Maintenance of Medical Records 

10 NCAC 3H .2501 - Availability of Physician's Services 

10 NCAC 3H .2505 - Brain Injury Long-Term Care Physician Services 

10 NCAC 3H .2506 - Physician Services for Ventilator Dependent Patients 

10 NCAC 3H .2601 - Availability of Pharmaceutical Services 

10 NCAC 3H .2604 - Drug Procurement 

10 NCAC 3H .2605 - Drug Storage and Disposition 

10 NCAC 3H .2606 - Pharmaceutical Records 

10 NCAC 3H .2607 - Emergency Drugs 

10 NCAC 3H .2701 - Provision of Nutrition and Dietetic Services 

10 NCAC 3H .2801 - Activity Services 

10 NCAC 3H .2802 - Social Services 

10 NCAC 3H .3002 - Quality of Specialized Rehabilitation Services 

10 NCAC 3H .3003 - Ventilator Dependence 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1021 



RRC OBJECTIONS 



10 NCAC 3H .3004 - 
10 NCAC 3H .3005 - 
10 NCAC 3H .3011 - 
10 NCAC 3H .3012 - 
10 NCAC 3H .3013 - 
10 NCAC 3H .3015 - 
10 NCAC 3H .3016 - 
10 NCAC 3H .3021 
10 NCAC 3H .3027 - 
10 NCAC 3H .3031 - 
10 NCAC 3H .3103 - 
10 NCAC 3H .3201 - 
10 NCAC 3H .3401 - 
10 NCAC 3H .3404 - 
10 NCAC 30 .0305 - 

Agency Revised 
10 NCAC 30 .0506- 

Agency Revised 
10 NCAC 30 .0607 - 

Agency Revised 
10 NCAC 3U .0705 - 

Agency Revised 
10 NCAC 3U . 1403 - 

Agency Revised 
10 NCAC 3U .1717- 

Agency Revised 



Brain Injury Long-Term Care RRC Objection 07/13/95 

Special Nursing Req. for Brain Injury Long-Term Care RRC Objection 07/13/95 

HIV Designated Unit Policies and Procedures RRC Objection 07/13/95 

Physician Services in an HIV Designated Unit RRC Objection 07/13/95 

Special Nursing Requirements for an HIV Designated Unit RRC Objection 07/13/95 

Use of Investigational Drugs for HIV Designated Units RRC Objection 07/13/95 

Additional Social Work Req. for HIV Designated Units RRC Objection 07/13/95 

Physician Req. for Inpatient Rehab. Facilities or Units RRC Objection 07/13/95 

Comprehensive Inpatient Rehab. Program Staffing Req. RRC Objection 07/13/95 

Additional Req. for Spinal Cord Injury Patients RRC Objection 07/13/95 

Site RRC Objection 07/13/95 

Required Spaces RRC Objection 07/13/95 

Heating and Air Conditioning RRC Objection 07/13/95 

Other RRC Objection 07/13/95 

Persons Subject to Licensure RRC Objection 05/18/95 

Rule Obj. Removed 05/18/95 

Simplified Reporting for Certain Organizations RRC Objection 05/18/95 

Rule Obj. Removed 05/18/95 

License Year RRC Objection 05/18/95 

Rule Obj. Removed 05/18/95 

Special Training Requirements RRC Objection 07/13/95 

Rule Obj. Removed 07/13/95 

Aquatic Activities RRC Objection 07/13/95 

Rule Obj. Removed 07/13/95 

Health, Safety and Sanitation Requirements RRC Objection 07/13/95 

Rule Obj. Removed 07/13/95 



RRC has Objected to the Following Repeals in 10 NCAC 3C and 10 NCAC 3H: 

10 NCAC 3C .0101 - .0102, .0104 - .0110, .0201 - .0203, .0301 - .0307, .0401 - .0407, .0501 - .0505, .0601 - .0604, 

.0701 - .0708, .0801 - .0805, .0807, .0901 - .0917, .1001 - .1006, .1101 - .1102, .1201 - .1204, .1301 - .1303, .1401 - 

.1405, .1501 - .1508, .1510, .1601 - .1606, .1701 - .1717, .1801 - .1805, .1901 - .1912, .1915 - .1932, .2001 - .2008, 

.2020- .2033, .2101 - .2105. 

10 NCAC 3H .0108 - .0109, .0206 - .0220, .0306 - .0318, .0407 - .0409, .0505 - .0507, .0510 - .0517, .0605 - .0609, 

.0705 - .0712, .0810 - .0812, .0903 - .0911, .1003 - .1008, .1105 - .1109, .1130 - .1136, .1150- .1163, .1204- .1208, 

.1210, .1306- .1308, .1405 - .1406, .1408 - .1410, .1501 - .1503, .1612 - .1613, .1703 - .1704, .1804 - .1807. 

Medical Assistance 



10 NCAC 26H .0302 - Reporting Requirements 

Agency Revised Rule 
10 NCAC 26H .0304 - Rate Setting Methods for Non-state Facilities 

Agency Revised Rule 
10 NCAC 26H .0305 - Allowable Costs 

Agency Revised Rule 
10 NCAC 26H .0308 - Rate Appeals 

Agency Re\>ised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 



INDEPENDENT AGENCIES 



State Health Plan Purchasing Alliance Board 



24 NCAC 5 .0414 - Alliance Participation Fee 
Rule Withdrawn by Agency 
Agency Resubmitted Rule 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



06/14/95 
07/13/95 
07/13/95 



1022 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



RRC OBJECTIONS 



JUSTICE 

Criminal Justice Education and Training Standards 

12 NCAC 9B .0202 - Responsibilities of the School Director 

Agency Revised Rule 
12 NCAC 9B .0206 - Basic Training - Correctional Officers 

Agency Revised Rule 
12 NCAC 9D .0104 - Intermediate Law Enforcement Certificate 

Agency Revised Rule 
12 NCAC 9D .0105 - Advanced Law Enforcement Certificate 

Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 
Board of Certified Public Accountant Examiners 

21 NCAC 8M .0102 - Registration Requirements 

Rule Withdrawn by Agency 
21 NCAC 8M .0104 - Firms Deemed in Compliance 

Agency Revised Rule 
21 NCAC 8N .0307 - Firm Names 

Agency Revised Rule 

Board of Medical Examiners 

21 NCAC 32H .0102 - Definitions 

Agency Revised Rule 
21 NCAC 32H .0506 - Certification Requirement: Emergency Medical Dispatcher 
21 NCAC 32N .0002 - Continuances 

Board of Nursing Home Administrators 

21 NCAC 37 .0302 - Initial Licensure Fee 

Rule Withdrawn by Agency 
21 NCAC 37 .0404 - Continuing Education Programs of Study 

Rule Withdrawn by Agency 
21 NCAC 37 .0502 - Application to Become Administrator-In-Training 

Agency Revised Rule 
21 NCAC 37 .0904 - Biennial Registration Requirements 

Rule Withdrawn by Agency 
21 NCAC 37 .0914 - Duplicate Licenses 

Rule Withdrawn by Agency 

Board of Pharmacy 

21 NCAC 46 . 1601 - Pharmacy Permits 

Agency Revised Rule 
21 NCAC 46 . 1608 - Device and Medical Equipment Permits 

Agency Revised Rule 
21 NCAC 46 .2601 - Dispensing and Delivery 

Agency Revised Rule 
21 NCAC 46 .2602 - Orders 

Rule Withdrawn by Agency 
21 NCAC 46 .2603 - Education and Training 

Agency Revised Rule 
21 NCAC 46 .2604 - Records 



RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 


RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 


RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 


RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 



RRC 


Objection 


07/13/95 
08/10/95 


RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 


RRC 


Objection 


07/13/95 


Obj. 


Removed 


07/13/95 


RRC 


Objection 


08/10/95 


Obj. 


Removed 


08/10/95 


RRC 


Objection 


08/10/95 


RRC 


Objection 


08/10/95 



RRC Objection 
Obj. Removed 



08/10/95 

08/10/95 
07/13/95 
07/13/95 

08/10/95 

07/13/95 



RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 




08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1023 



RRC OBJECTIONS 



Agency Revised Rule 
21 NCAC 46 .2605 - Registration of Non-Pharmacists 

Agency Revised Rule 
21 NCAC 46 .2606 - Conveying Warnings 

Agency Revised Rule 
21 NCAC 46 .2609 - Rehabilitation Equipment 

Agency Revised Rule 
21 NCAC 46 .2803 - Req /pharmacies Dispensing Sterile Parenteral Pharmaceuticals 

Agency Revised Rule 



Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 



SECRETARY OF STATE 



Securities Division 



18 NCAC 6 . 1209 - Nonprofit Securities 

Agency Revised Rule 
18 NCAC 6 . 1314 - Escrow Agreements 
18 NCAC 6 . 1401 - Application for Registration of Dealers 

Agency Revised Rule 
18 NCAC 6 . 1402 - Application for Registration of Salesmen 

Agency Revised Rule 
18 NCAC 6 . 1413 - Salesman Examination Required 

Agency Revised Rule 
18 NCAC 6 .1702 - Application for Investment Adviser Registration 

Agency Revised Rule 
18 NCAC 6 .1713 - Invest Adviser Merger /Consolidation/Acquisition/Succession 

Agency Revised Rule 
18 NCAC 6 . 1901 - Application for Registration of Athlete Agents 

Agency Revised Rule 



RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 


RRC Objection 


08/10/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 



STATE PERSONNEL 



Office of State Personnel 



25 NCAC 1C .0405 - Temporary Appointment 

Agency Revised Rule 
25 NCAC 1C .0407 - Temporary Part-Time Appointment 

Agency Revised Rule 
25 NCAC ID .2001 - Coverage 

Agency Repealed Rule 
25 NCAC IK .0312 - Eligibility 

Agency Revised Rule 



RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 


RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 


RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 


RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 



1024 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



CONTESTED CASE DECISIONS 



L his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

Division of Purchase and Contract 

Senter-Sanders Tractor Corp. v. Admin., Div of Purchase & Contract 94 DOA 0803 Nesnow 

CMC Maintenance Co., a Div. of RDS Corp. v. Dept. of Administration, 95 DOA 0194 Phipps 
Div. of Purchase & Contract, et al. 



03/06/95 
06/13/95 



State Construction Office 

W. M. Piatt & Company v. State Construction Office, DOA 94 DOA 0738 Nesnow 

Holland Group, Inc. v. Dept. of Administration, St. Construction Office 94 DOA 1565 Nesnow 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 



04/11/95 
06/01/95 



10:03 NCR 221 
10:07 NCR 619 



Ali Alsaras v. Alcoholic Beverage Control Commission 
Norman D. Forbes v. Alcoholic Beverage Control Commission 
Ben Sproul and Steve Pauls v. Alcoholic Beverage Control Comm. 
Albert Stanley Tomanec v. Alcoholic Beverage Control Commission 
Robert Johnson v. Alcoholic Beverage Control Commission 
Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc. 
John H. Robinson v. Alcoholic Beverage Control Commission 
Clara and Carson Young v. Alcoholic Beverage Control Commission 
Vladimir Walter Kozlik Jr. v. Alcoholic Beverage Control Commission 
Bryan Lynn Whitaker, Susan Ansley Whitaker v. ABC Commission 
Diamond Club, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Weisner, Inc. 
Robert Louis Reese v. Alcoholic Beverage Control Commission 
Ray E. Bailey v. Alcoholic Beverage Control Commission 
Legwin Z. Williams v. Alcoholic Beverage Control Commission 
Taleb Abed Rahman v. Alcoholic Beverage Control Commission 
Sherrill Douglas Langston v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Janice Mae Miles 
Imran Ali Hameerah v. Alcoholic Beverage Control Commission 
and 
City of Raleigh 
Alcoholic Beverage Control Commission v. Vladimir Walter Kozlik Jr. 

CRIME CONTROL AND PUBLIC SAFETY 



94 ABC 0526 


Chess 


05/16/95 






94 ABC 0787 


Gray 


03/17/95 






94 ABC 1046 


Chess 


08/17/95 






94 ABC 1168 


Becton 


03/07/95 






94 ABC 1661 


West 


05/01/95 






94 ABC 1682 


Chess 


05/03/95 






94 ABC 1694 


Mann 


03/29/95 






94 ABC 1727 


Morrison 


05/18/95 






94 ABC 1729 


Chess 


05/11/95 






94 ABC 1754* 12 


Mann 


08/02/95 


10:11 NCR 


960 


94 ABC 1784 


Mann 


04/19/95 






94 ABC 1803 


Mann 


04/07/95 






95 ABC 0068 


West 


06/07/95 






95 ABC 0074 


Chess 


05/25/95 






95 ABC 0210 


Gray 


05/01/95 






95 ABC 0224 


Nesnow 


05/31/95 


10:06 NCR 


417 


95 ABC 0323 


Phipps 


08/02/95 






95 ABC 0415 


Nesnow 


08/01/95 


10:10 NCR 


868 


95 ABC 0434 


West 


07/20/95 






95 ABC 0477 


Phipps 


07/14/95 






95 ABC 05\%* a 


Mann 


08/02/95 


10:11 NCR 


960 



Patrick O. Hawkins v. Office of Administrative Hearings 

Crime Victims Compensation Commission 

John Pavlikianidis v. Victims Compensation Commission 
Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 
Phyllis H. Steinmetz v. Crime Victims Compensation Commission 
Hubert Johnson, Edna J. Carter v. Crime Victims Compensation Comm. 
Wayne L. Utley v. Crime Victims Compensation Commission 
Sandra H. Hughes v. Victims Compensation Commission 
Kristine S. Ray v. Crime Victims Compensation Commission 
Shirley Moody Myers v. Crime Victims Compensation Commission 
Thomasine Inman v. Crime Victims Compensation Commission 
Irmgard Gordos v. Crime Victims Compensation Commission 



95 CPS 0361 



Phipps 



94 CPS 0237 


Morrison 


94 CPS 0445* 4 


West 


94 CPS 0542 


West 


94 CPS 1177 


Mann 


94 CPS 1180 


Becton 


94 CPS 1600 


Morrison 


94 CPS 1673 


Chess 


94 CPS 1674 


Chess 


94 CPS 1731 


Nesnow 


94 CPS 1782 


Gray 



08/01/95 



03/21/95 
05/30/95 
05/16/95 
06/12/95 
03/07/95 
06/09/95 
04/20/95 
04/20/95 
03/09/95 
03/09/95 



10:02 NCR 176 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1025 



CONTESTED CASE DECISIONS 



AGENCY 



Fay, Cynthia, S. Dalion v. Crime Victims Compensation Commission 

Ellen Sherwin v. Crime Vic Comp James Byrum Emp/ Baptist Hosp 

Anthony Harold Stone v. Crime Victims Compensation Commission 

Howard B. Peterson v. Crime Victims Compensation Commission 

Ella Ruth Jordan v. Gary B. Eichelberger Dir. , Crime Vic. Comp. Comm. 

Lynn H. Henderson v. CPS, Victims Compensation Commission 

Larusha Bey v. Crime Victims Compensation Commission 

Perciblc Gaston v. Crime Victims Compensation Commission 

Horton Edward v. Crime Victims Compensation Commission 

Janet Ring Stevens v. Crime Victims Compensation Commission 

Michael A. Herd v. Crime Victims Compensation Commission 

Juan Aguilar v. Crime Victims Compensation Commission 

John Kuwalik v. Crime Victims Compensation Commission 

Sandra Jones v. Crime Victims Compensation Commission 

Mark Edward Altman v. CPS, Crime Victims Compensation Commission 

Roland Lee Kelly, Jr. v. United Family Svcs, Vic Assis/Crime Vic. Comp 

BOARD OF ELECTROLYSIS EXAMINERS 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


95 CPS 0010* 4 


West 


05/30/95 


95 CPS 0012 


West 


03/22/95 


95 CPS 0115 


Chess 


08/22/95 


95 CPS 0163 


Reilly 


07/06/95 


95 CPS 0181 


West 


06/21/95 


95 CPS 0212 


Morrison 


05/08/95 


95 CPS 0245 


Reilly 


06/02/95 


95 CPS 0270 


Gray 


06/13/95 


95 CPS 0331 


Phipps 


07/25/95 


95 CPS 0337 


Gray 


07/21/95 


95 CPS 0349 


Chess 


08/15/95 


95 CPS 0356 


Reilly 


06/22/95 


95 CPS 0381 


Bccton 


07/10/95 


95 CPS 0427 


Nesnow 


06/02/95 


95 CPS 0461 


West 


07/25/95 


95 CPS 0568 


Phipps 


08/09/95 



PUBLISHED DECISION 
REGISTER CITATION 



♦ 



Diane Rawls v. North Carolina Board of Electrolysis Examiners 
ENVmONMENT, HEALTH, AND NATURAL RESOURCES 



95 BEE 0173 West 



08/03/95 



94 EHR 0950 Gray 

94 EHR 1676 Nesnow 

94 EHR 1756 Becton 

95 EHR 0016 Phipps 



Concrete Supply Company v. Environment, Health, & Natural Resources 
Setzer Bros. Inc. v. Environment, Health, and Natural Resources 
Environment, Health, & Natural Resources v. Royal James Cafe 
John W. VanHoy, Jr. & Adjacent Land Owners v. EHNR 
and 
Shugart Enterprises, Inc. 
Browning-Ferris Ind. of S. Atlantic, Inc. and Sampson Cty. Disposal, Inc. 95 EHR 0506 West 
v. Dept. of Environment, Health, and Natural Resources, 

and 
Hoke County and Bladen County 

Coastal Resources 



05/23/95 
03/09/95 
06/30/95 
03/17/95 



06/13/95 



10:06 NCR 414 
10:08 NCR 696 



( 



William C. Young v. Coastal Resources Commission 
and 
Robert L. Casper, Jr. and Mary M. Casper 
Howard C. Slack v. Coastal Resources Comm, EHNR 

Davidson County Health Department 

John Dee Clodfelter v. Davidson County Health Dept.; EHNR 
Environmental Health 



95 EHR 0009 Chess 



95 EHR 0140 Phipps 



94 EHR 1037 Chess 



06/13/95 



03/22/95 



03/13/95 



10:02 NCR 185 



EEE-ZZZ Lay Drain Compnay, Inc. v. On-Site Wastewater Section, 
Division of Environmental Health 



94 EHR 0745 Chess 



04/24/95 



Environmental Management 

United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 91EHR1179* 3 West 

92 EHR 0021-' Gray 

92 EHR 0053*' Gray 



Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
arid 
Duke Power Company 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 
Duke Power Company 
United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Kenan Oil Company, Inc. v. EHNR, Div. of Environmental Mgmt. 
Moffitt and Pierce Construction, Inc. v. EHNR, Environmental Mgmt. 



93 EHR 0273 ^ West 

94 EHR 0894 Nesnow 
94 EHR 1755 West 



05/30/95 
04/03/95 



04/03/95 



05/30/95 
05/08/95 
06/06/95 



\ 



*■ Consolidated cases. 



1026 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Hyde County Health Department 

Fritzner Henry v. Hyde County Health Department 94 EHR 0924 

Macon County Health Department 

Four Residents on Genva Circle v. Macon County Health Department 94 EHR 1202 

Marine Fisheries 

Chancy Junior Sawyer v. EHNR, Division of Marine Fisheries 94 EHR 1786 

Maternal and Child Health 



Jimmy Franklin v. EHNR Maternal & Child Hlth, Nutrition Services 
Middleburg Variety v. EHNR, Maternal & Child Health, Nutrition Svcs. 
Taisser Shehadeh v. EHNR, Maternal & Child Health, Nutrition Svcs. 
Philip Haskins v. EHNR, Div. of Maternal & Child Health 
Food City, Inc. v. Dept of Environment, Health, & Natural Resources 



New Hanover County Health Department 

Gus Kalogiros v. New Hanover Co. (Health Dept.), Adm & Env. Svcs 94 EHR 1073 

Pitt County Public Health Center 

Mary Joyner Dudley v. Pitt County Public Health Center & EHNR 94 EHR 1043 

EQUAL EMPLOYMENT OPPORTUNITY 

Marsha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center 90 EEO 0379 

HUMAN RESOURCES 

Helen J. Walls, D/B/A Walls Young World v. Dept. of Human Resources 94 DHR 1362 
Cecilia Y. Wall, William S. Wall v. Department of Human Resources 94 DHR 1627 

Veronica Spearman, John P. Spearman v. Dept. of Human Resources 95 DHR 0216 

Sandra Jean Taylor v. Department of Human Resources 95 DHR 0366 



Division of Child Development 

Iola Malloy v. DHR, Division of Child Development 

Willie & Pamela Sturgess v. DHR, Division of Child Development 

Esther Elder v. DHR, Division of Child Development 

Theresa B. Thomas v. DHR, Division of Child Development 

Ellen H. Sams v. DHR, Division of Child Development 

Dixie Jenkins v. DHR, Division of Child Dev., Elizabeth Alexander 

Chapel Hill Day Care Center, Nancy Taylor v. DHR, Div. of Child Dev. 

Facility Services 

William H. Cooke v. DHR, Division of Facility Services 
Mildred Reece, Calvin Reece v. DHR, Division of Facility Svcs, 

Domiciliary & Group Care Section 
Lisa Marie Shanks v. Department of Human Resources 

Bingo Licensure Section 



The Regular Veterans Association of the United States and the Sixteen 
Posts of the Regular Veterans Association of the United States and the 
Regular Veterans Association Auxiliary Located in the State of North 
Carolina v. DHR, Division of Facility Services, Bingo Licensure Section 



Gray 



Nesnow 



Chess 



Morrison 



Gray 



Chess 



95 DHR 0040 Morrison 



03/09/95 



03/27/95 



05/22/95 



94 EHR 0288 


Gray 


05/22/95 


94 EHR 1601 


Chess 


05/01/95 


94 EHR 1711 


Chess 


05/02/95 


94 EHR 1777 


Chess 


03/09/95 


95 EHR 0372 


Reilly 


08/10/95 



04/28/95 



06/27/95 



04/03/95 



Bee ton 


03/20/95 


Morrison 


07/06/95 


Reilly 


06/02/95 


Reilly 


07/19/95 



94 DHR 0849 


Mann 


03/03/95 


94 DHR 1631 


Reilly 


07/10/95 


94 DHR 1771 


Reilly 


03/17/95 


95 DHR 0268 


Morrison 


07/14/95 


95 DHR 0293 


Phipps 


08/08/95 


95 DHR 0315 


West 


08/25/95 


95 DHR 0450 


Phipps 


06/02/95 



94 DHR 0565 


Gray 


03/16/95 


94 DHR 1783 


Gray 


03/16/95 


95 DHR 0121 


West 


08/03/95 



04/13/95 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1027 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF PUBLISHED DECISION 

DECISION REGISTER CITATION 



Certificate of Need Section 

The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 94 DHR 0197* 2 Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
The Carrolton of Fayetteville, Inc. and Highland House of Fayettcville, 94 DHR 0198* 2 Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
Retirement Villages, Inc. (Lessor), and Liberty Healthcare Ltd. 94 DHR 0403 Chess 

Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR, 

Division of Facility Services, Certificate of Need Section 
and 

Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/ 

Wallace, Inc. 

Office of Emergency Medical Services 

Charles M. Erwin v. DHR, Facility Svcs, Off. of Emgcy. Medical Svcs. 92 DHR 1697 Chess 

Division of Medical Facilities Licensure Section 

Shelia Marie Hall v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 95 DHR 0307 Nesnow 
Evangeline of King, Inc. v. DHR, Div/Fac Svcs, Med Facilities Lie Sec 95 DHR 0413 Reilly 

Division of Medical Assistance 

A.S., by and through her agent and personal representative. Hank Neal 93 DHR 1736 Reilly 

v. DHR, Division of Medical Assistance 
DA., by and through his agent and personal representative. Hank Neal 93 DHR 1737 Reilly 

v. DHR, Division of Medical Assistance 



04/05/95 



04/05/95 



12/14/94 



05/16/95 



08/11/95 
08/14/95 



05/22/95 
05/22/95 



10:06 NCR 409 



Division of Social Services 

Child Support Enforcement Section 

Daniel J. Carter v. Department of Human Resources 
Shawn Dominic Caldwell v. Department of Human Resources 
William Zonta Thompson v. Department of Human Resources 
Jackie E. Hackney v. Department of Human Resources 
Lenzo Davis v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
Elbert Quick v. Department of Human Resources 
Dennis E. Barkley v. Department of Human Resources 
Clement McMillan v. Department of Human Resources 
Herbert James Jackson IE v. Department of Human Resources 
Larry James Walker Jr. v. Department of Human Resources 
James R. Gray v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
John D. Bird v. Department of Human Resources 
Lacy Green, Jr. v. Department of Human Resources 
Leon McNair v. Department of Human Resources 
Edwin A. Clarke v. Department of Human Resources 
Wolfgang R. Walker v. Department of Human Resources 
Wyatt Roseboro v. Department of Human Resources 
Lloyd Lane Speake v. Department of Human Resources 
Raymond E. Dresser v. Department of Human Resources 
Terry L. Yoder v. Department of Human Resources 
Ronald E. Lewis v. Department of Human Resources 
Richard L. Hiott v. Department of Human Resources 
Cecil Ray Hinshaw v. Department of Human Resources 
Terry C. Brown v. Department of Human Resources 
Paul R. Johnson v. Department of Human Resources 
Henry C. Banks v. Department of Human Resources 



91 CSE 1103 


Morrison 


03/03/95 


92 CSE 1449 


Reilly 


03/29/95 


92 CSE 1559 


Reilly 


03/29/95 


93 CSE 1088 


Chess 


03/20/95 


93 CSE 1 1 1 1 


Bee ton 


07/12/95 


93 CSE 1123* 3 


Reilly 


05/16/95 


93 CSE 1 169 


Chess 


03/08/95 


93 CSE 1187 


Reilly 


06/30/95 


93 CSE 1208 


Chess 


03/08/95 


93 CSE 1209 


Mann 


08/11/95 


93 CSE 1255 


Morrison 


06/12/95 


93 CSE 1268 


Chess 


03/08/95 


93 CSE 1270*'° 


Bee ton 


07/28/95 


93 CSE 1272 


Gray 


06/26/95 


93 CSE 1295 


Chess 


03/08/95 


93 CSE 1317 


Bee ton 


04/04/95 


93 CSE 1319 


Chess 


03/08/95 


93 CSE 1374 


Gray 


04/28/95 


93 CSE 1423 


Becton 


04/25/95 


93 CSE 1451 


Chess 


03/22/95 


93 CSE 1459 


Reilly 


06/23/95 


93 CSE 1498 


Nesnow 


06/02/95 


93 CSE 1508 


Mann 


05/18/95 


93 CSE 1509 


Mann 


04/21/95 


93 CSE 1513 


Gray 


05/08/95 


93 CSE 1516 


Morrison 


05/08/95 


93 CSE 1546 


Gray 


06/27/95 


93 CSE 1556 


Chess 


03/22/95 



1028 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



CONTESTED CASE DECISIONS 



ft 



I 



I 



AGENCY 



Lucille B. Dutter v. Department of Human Resources 

Charles Bascom Kikcr v. Department of Human Resources 

Mandel Curry Edwards v. Department of Human Resources 

Tony M. Tart v. Department of Human Resources 

Wade E. Hampton v. Department of Human Resources 

Cccedrick Scott v. Department of Human Resources 

Gary Jay Stocks v. Department of Human Resources 

Paul E. Strawcutter v. Department of Human Resources 

John L. Osborne (Jr.) v. Department of Human Resources 

Richard L. Garver v. Department of Human Resources 

Jerry Glasper v. Department of Human Resources 

Cary G. Dannelly v. Department of Human Resources 

Robert G. Baker v. Department of Human Resources 

Tyrone Waddell v. Department of Human Resources 

Robert R. Thomas v. Department of Human Resources 

Bernard T. Wade v. Department of Human Resources 

Robert Earl White v. Department of Human Resources 

Willie Scott v. Department of Human Resources 

Rochester Levi Jones v. Department of Human Resources 

Timothy Brian Eller v. Department of Human Resources 

Morgan Pate, Jr. v. Department of Human Resources 

Robert E. Dudley, Sr. v. Department of Human Resources 

Julian Lattimore v. Department of Human Resources 

James McFadden v. Department of Human Resources 

Wesley B. Meggs v. Department of Human Resources 

Anthony D. McCain v. Department of Human Resources 

John C. Kay v. Department of Human Resources 

Raymond B. Clontz Jr. v. Department of Human Resources 

James C. Rogers v. Department of Human Resources 

Ruby Fewell Henry v. Department of Human Resources 

Michael Leon McCain v. Department of Human Resources 

James A. Honer v. Department of Human Resources 

George C. Flowers v. Department of Human Resources 

Kendrick William Sims v. Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Michael W. Bowen v. Department of Human Resources 

Roderick J. Smith v. Department of Human Resources 

Richard Dill v. Department of Human Resources 

James E. Freeman v. Department of Human Resources 

Jonathan D. Cauthen v. Department of Human Resources 

Ronnie J. Goins v. Department of Human Resources 

Ted C. Jenkins v. Department of Human Resources 

Anthony J. Gibbons v. Department of Human Resources 

Robert Wilson v. Department of Human Resources 

Grant Jules Marks v. Department of Human Resources 

Aaron C. Harris v. Department of Human Resources 

Donald L. Costello Sr. v. Department of Human Resources 

Kelvin L. Lankford v. Department of Human Resources 

Jeffrey Thomas Chambers v. Department of Human Resources 

Robert J. Holden v. Department of Human Resources 

Janet M. Johnson v. Department of Human Resources 

Michael L. Wright v. Department of Human Resources 

Terry S. Gurganus v. Department of Human Resources 

John Napoleon Window Cross Pullium v. Dept of Human Resources 

Charles F. Haag Jr. v. Department of Human Resources 

Michael J. Montroy v. Department of Human Resources 

Linton Durante v. Department of Human Resources 

Timothy Rex Waddell v. Department of Human Resources 

Clarence Benjamin Banks Jr. v. Department of Human Resources 

Warren M. Williams v. Department of Human Resources 

Dennis L. Moore v. Department of Human Resources 

Dennis W. Cashion v. Department of Human Resources 

John Carroll Rodgers v. Department of Human Resources 

James Edward Knox, Jr. v. Department of Human Resources 

Kimberly M. Rinaldi, Robert L. Rinaldi v. Dept. of Human Resources 

David House v. Department of Human Resources 

Jerry Wayne Blanton v. Department of Human Resources 

Antonio Staton v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALj 


DECISION 


REGISTER CITATION 


93 CSE 1558 


Chess 


03/13/95 




93 CSE 1561 


Mann 


04/21/95 




93 CSE 1566** 


Gray 


05/31/95 




93 CSE 1588 


Bee ton 


06/08/95 




93 CSE 1593 


Chess 


04/20/95 




93 CSE 1651 


Chess 


07/20/95 




93 CSE 1652 


Chess 


03/21/95 




93 CSE 1713 


Mann 


03/13/95 




94 CSE 0140 


Mann 


05/30/95 




94 CSE 0512 


Becton 


06/12/95 




94 CSE 1016 


Nesnow 


07/21/95 




94 CSE 1033 


Nesnow 


03/24/95 




94 CSE 1094 


Chess 


03/06/95 




94 CSE 1096 


Mann 


05/30/95 




94 CSE 1100 


Becton 


07/28/95 




94 CSE 1101 


Becton 


04/03/95 




94 CSE 1102 


Chess 


08/08/95 




94 CSE 1109 


Chess 


06/28/95 




94 CSE 1116 


Chess 


05/15/95 




94 CSE 1119 


Reilly 


03/29/95 




94 CSE 1127 


Mann 


03/20/95 




94 CSE 1128 


Mann 


03/31/95 




94 CSE 1131 


Reilly 


03/13/95 




94 CSE 1132 


West 


03/14/95 




94 CSE 1137 


Gray 


08/09/95 




94 CSE 1141 


Nesnow 


05/16/95 




94 CSE 1143 


Chess 


04/13/95 




94 CSE 1149 


Nesnow 


03/03/95 




94 CSE 1153 


Gray 


04/04/95 




94 CSE 1 157 


Nesnow 


03/16/95 




94 CSE 1158 


Becton 


05/16/95 




94 CSE 1160 


Mann 


08/03/95 




94 CSE 1184 


Mann 


05/02/95 




94 CSE 1186 


Chess 


05/01/95 




94 CSE 1191 


West 


05/25/95 




94 CSE 1192 


Nesnow 


07/21/95 




94 CSE 1193 


Becton 


06/26/95 




94 CSE 1195 


Mann 


03/29/95 




94 CSE 1199 


West 


07/18/95 




94 CSE 1213 


Chess 


06/01/95 




94 CSE 1214 


Chess 


06/01/95 




94 CSE 1218 


Gray 


03/15/95 




94 CSE 1219 


Gray 


03/15/95 




94 CSE 1220 


Gray 


07/21/95 




94 CSE 1222 


Morrison 


06/13/95 




94 CSE 1225 


Reilly 


04/10/95 




94 CSE 1228 


West 


03/17/95 




94 CSE 1229 


West 


03/17/95 




94 CSE 1231 


Nesnow 


03/03/95 




94 CSE 1232 


Nesnow 


03/15/95 




94 CSE 1236 


Mann 


06/02/95 




94 CSE 1237 


Gray 


03/15/95 




94 CSE 1239 


Gray 


03/02/95 




94 CSE 1241 


Gray 


03/15/95 




94 CSE 1242 


Gray 


05/31/95 




94 CSE 1244 


Morrison 


03/13/95 




94 CSE 1245 


Morrison 


06/26/95 




94 CSE 1246 


Morrison 


06/26/95 




94 CSE 1247 


Morrison 


05/17/95 




94 CSE 1248 


Morrison 


07/11/95 




94 CSE 1249 


Morrison 


03/02/95 




94 CSE 1250 


Morrison 


07/10/95 




94 CSE 1251 


Reilly 


05/18/95 




94 CSE 1254 


Reilly 


03/13/95 




94 CSE 1255 


Reilly 


05/18/95 




94 CSE 1256 


Reilly 


03/15/95 




94 CSE 1257 


Reilly 


08/11/95 




94 CSE 1258 


West 


07/21/95 





10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1029 



CONTESTED CASE DECISIONS 



AGENCY 



Aqustin S. Sanchez v. Department of Human Resources 

Fred Carter Jr. v. Department of Human Resources 

Ricky RatlifF v. Department of Human Resources 

Willie McNeil Jr. v. Department of Human Resources 

Ray Douglas Brickhouse v. Department of Human Resources 

Tyron G. Moore v. Department of Human Resources 

Paul A. Card v. Department of Human Resources 

James P. Barton, III v. Department of Human Resources 

Darrin Yancey v. Department of Human Resources 

Douglas L. Lucas v. Department of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Lewis A. Garris v. Department of Human Resources 

Michael Lynn Avery v. Department of Human Resources 

Elvis M. Graham v. Department of Human Resources 

Shawn Fonville v. Department of Human Resources 

David Allan Blan v. Department of Human Resources 

James Lee, Jr. v. Department of Human Resources 

Noah L. Houston, Sr. v. Department of Human Resources 

Wilma Lee Burton v. Department of Human Resources 

Shannon Vanderaa v. Department of Human Resources 

Anthony Murray v. Department of Human Resources 

Carl J. McGuire v. Department of Human Resources 

Tommy L. Burchfield v. Department of Human Resources 

Virgil L. Newby v. Department of Human Resources 

Gregory A. Rodrigues v. Department of Human Resources 

Nelson D. Edmonds v. Department of Human Resources 

Larry R. Bales v. Department of Human Resources 

Karl Philip Jursen v. Department of Human Resources 

David Harrington v. Department of Human Resources 

Sterling Womack v. Department of Human Resources 

Hubert Bowe v. Department of Human Resources 

Edward Fitch v. Department of Human Resources 

Otis Lewis Jr. v. Department of Human Resources 

Robert F. Catoe Jr. v. Department of Human Resources 

William Anthony Winchester v. Department of Human Resources 

Aaron L. Clark v. Department of Human Resources 

Vincent R. Valles Sr. v. Department of Human Resources 

Gary W. Gibson v. Department of Human Resources 

Mark A. West v. Department of Human Resources 

John E. Bo I as Jr. v. Department of Human Resources 

Gary C. Wiggins v. Department of Human Resources 

Rhonnie J. Williams v. Department of Human Resources 

Danny Ray Hensley v. Department of Human Resources 

Stanley Moore v. Department of Human Resources 

Rawn Wcigcl v. Department of Human Resources 

David C. Glenn v. Department of Human Resources 

Marc F. Carboni v. Department of Human Resources 

Ivy M. Harvell v. Department of Human Resources 

Terry L. McMillon v. Department of Human Resources 

Garry G. Hickman v. Department of Human Resources 

Willie Herring v. Department of Human Resources 

Joe C. Dean v. Department of Human Resources 

Jimmie E. Barnes v. Department of Human Resources 

Cecilia Carmosino v. Department of Human Resources 

Marvin F. Walker v. Department of Human Resources 

Richard J. Almeida v. Department of Human Resources 

Gary E. Mills v. Department of Human Resources 

Michael R. French v. Department of Human Resources 

William R. Casey v. Department of Human Resources 

John A. Jackson v. Department of Human Resources 

Michael R. Roberts v. Department of Human Resources 

Kevin R. Nienke v. Department of Human Resources 

Cleothis B. Smith v. Department of Human Resources 

Leroy Johnson Jr. v. Department of Human Resources 

James Patterson v. Department of Human Resources 

Thomas Colon v. Department of Human Resources 

Walter Swirniak Jr. v. Department of Human Resources 

Michael R. Strong v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1259 


West 


03/06/95 


94 CSE 1260 


West 


05/22/95 


94 CSE 1261 


West 


03/17/95 


94 CSE 1262 


West 


03/17/95 


94 CSE 1263 


West 


03/17/95 


94 CSE 1264 


West 


03/17/95 


94 CSE 1266 


Nesnow 


03/13/95 


94 CSE 1267 


Nesnow 


06/02/95 


94 CSE 1269 


Nesnow 


03/15/95 


94 CSE 1270 


Nesnow 


03/15/95 


94 CSE 1272 


Bee ton 


03/15/95 


94 CSE 1273 


Bccton 


07/28/95 


94 CSE 1274 


Bccton 


03/15/95 


94 CSE 1275 


Becton 


03/15/95 


94 CSE 1277 


Bee ton 


03/06/95 


94 CSE 1279 


Chess 


07/26/95 


94 CSE 1280 


Chess 


04/10/95 


94 CSE 1284 


Chess 


04/26/95 


94 CSE 1285 


Chess 


07/12/95 


94 CSE 1286 


Mann 


03/21/95 


94 CSE 1287 


Mann 


03/21/95 


94 CSE 1288 


Mann 


08/03/95 


94 CSE 1289 


Mann 


03/21/95 


94 CSE 1290 


Mann 


08/11/95 


94 CSE 1300 


Mann 


03/21/95 


94 CSE 1301 


Gray 


07/27/95 


94 CSE 1302 


Gray 


03/02/95 


94 CSE 1303 


Gray 


03/15/95 


94 CSE 1304 


Morrison 


05/22/95 


94 CSE 1305 


Morrison 


05/18/95 


94 CSE 1308 


Mann 


05/18/95 


94 CSE 1313 


Mann 


05/02/95 


94 CSE 1314 


Mann 


03/21/95 


94 CSE 1329 


Morrison 


03/15/95 


94 CSE 1331 


Reilly 


03/15/95 


94 CSE 1332 


Reilly 


03/15/95 


94 CSE 1333 


West 


03/17/95 


94 CSE 1334 


West 


03/06/95 


94 CSE 1335 


West 


03/17/95 


94 CSE 1336 


Nesnow 


03/15/95 


94 CSE 1338 


Nesnow 


03/15/95 


94 CSE 1339 


Becton 


03/15/95 


94 CSE 1340 


Becton 


03/15/95 


94 CSE 1341 


Bccton 


07/28/95 


94 CSE 1342 


Chess 


05/22/95 


94 CSE 1343 


Chess 


04/20/95 


94 CSE 1344 


Chess 


06/01/95 


94 CSE 1345 


Mann 


03/21/95 


94 CSE 1346 


Mann 


03/21/95 


94 CSE 1348 


Gray 


03/15/95 


94 CSE 1350 


Morrison 


03/02/95 


94 CSE 1351 


Morrison 


03/15/95 


94 CSE 1352 


Reilly 


03/03/95 


94 CSE 1354 


West 


03/17/95 


94 CSE 1355 


West 


03/17/95 


94 CSE 1357 


Nesnow 


03/15/95 


94 CSE 1358 


Becton 


08/29/95 


94 CSE 1359 


Becton 


03/15/95 


94 CSE 1369 


Mann 


05/02/95 


94 CSE 1370 


Mann 


03/07/95 


94 CSE 1371 


Mann 


03/21/95 


94 CSE 1372 


Gray 


07/18/95 


94 CSE 1373 


Gray 


03/15/95 


94 CSE 1377 


Mann 


03/31/95 


94 CSE 1378 


Morrison 


03/15/95 


94 CSE 1379 


Reilly 


03/15/95 


94 CSE 1382 


West 


03/17/95 


94 CSE 1383 


West 


07/18/95 



PUBLISHED DECISION 
REGISTER CITATION 



1030 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



CONTESTED CASE DECISIONS 



AGENCY 



Marion Rodriguez v. Department of Human Resources 

Van Edward Arlington v. Department of Human Resources 

Jerry L. White Sr. v. Department of Human Resources 

Dennis James Grimes v. Department of Human Resources 

Scott John Tozzi v. Department of Human Resources 

Wylie Norris Cooper Jr. v. Department of Human Resources 

Roger A. Eaton v. Department of Human Resources 

Willie J. Flowers Jr. v. Department of Human Resources 

Jeffrey James Spence v. Department of Human Resources 

Byron C. Alston v. Department of Human Resources 

Oliver Lee Wolfe Sr. v. Department of Human Resources 

James Tracy Strickland v. Department of Human Resources 

Michael K. Reese v. Department of Human Resources 

Albert D. Johnson v. Department of Human Resources 

Johnny A. Stroud v. Department of Human Resources 

Richard G. Medford, Jr. v. Department of Human Resources 

Theresa Strader v. Department of Human Resources 

James F. Williams v. Department of Human Resources 

John Bell Shelton v. Department of Human Resources 

Kennedy C. Uzomba v. Department of Human Resources 

Marion A. Ward v. Department of Human Resources 

Robert H. Owens v. Department of Human Resources 

Samuel A. Lewis v. Department of Human Resources 

Robert Lee Wall v. Department of Human Resources 

James M. Breaden Jr. v. Department of Human Resources 

Peter G. Coley v. Department of Human Resources 

Benjamin Nuriddin v. Department of Human Resources 

Robert L. Carter v. Department of Human Resources 

Danny Columbus Baker v. Department of Human Resources 

Duke William Dupre' v. Department of Human Resources 

Audrey Jennings v. Department of Human Resources 

Robert S. Moore v. Department of Human Resources 

Michael A. Camp v. Department of Human Resources 

Martin J. Miller v. Department of Human Resources 

Steven L. Cox v. Department of Human Resources 

Michael P. Cleary v. Department of Human Resources 

Willie Cherry, Jr. v. Department of Human Resources 

Michael D. Guyther v. Department of Human Resources 

Charlie Sturdtvant v. Department of Human Resources 

William V. Glennon v. Department of Human Resources 

Alaster Williams v. Department of Human Resources 

Henry L. Gibbs v. Department of Human Resources 

Roger Gene Fehlhaber v. Department of Human Resources 

Donald Ray Solis v. Department of Human Resources 

Lawrence Dow Dean v. Department of Human Resources 

Beau L. Miller v. Department of Human Resources 

Claude E. Alston v. Department of Human Resources 

Elizabeth F. West v. Department of Human Resources 

John H. Underwood v. Department of Human Resources 

James T. Dudley Jr. v. Department of Human Resources 

Cornelius L. Jones v. Department of Human Resources 

Lori Davis Humphrey v. Department of Human Resources 

Robert L. Freeland, Jr. v. Department of Human Resources 

Antonio Darden (TV-D #1237637) v. Department of Human Resources 

Antonio Darden (TV-D #1280116) v. Department of Human Resources 

Antonio Darden (TV-D #1233347) v. Department of Human Resources 

Leonard Keith Morgan v. Department of Human Resources 

Michael Shannon v. Department of Human Resources 

Scott Thackrah v. Department of Human Resources 

Cyrus R. Luallen v. Department of Human Resources 

Harold Dean Horn v. Department of Human Resources 

James B. Miller v. Department of Human Resources 

Glenn Allison v. Department of Human Resources 

Louis R. Salamone v. Department of Human Resources 

Lee R. Jones v. Department of Human Resources 

Randy Norris Willis v. Department of Human Resources 

Michael E. Bellamy v. Department of Human Resources 

Eddie James Johnson v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1385 


Nesnow 


03/03/95 


94 CSE 1386 


West 


07/18/95 


94 CSE 1387 


Nesnow 


03/15/95 


94 CSE 1388 


Becton 


03/15/95 


94 CSE 1389 


Bee ton 


03/15/95 


94 CSE 1391 


Mann 


08/30/95 


94 CSE 1392 


Gray 


03/09/95 


94 CSE 1393 


Morrison 


03/15/95 


94 CSE 1394 


Reilly 


03/15/95 


94 CSE 1396 


Nesnow 


03/03/95 


94 CSE 1397 


Mann 


03/31/95 


94 CSE 1398 


Mann 


03/31/95 


94 CSE 1412 


Gray 


03/31/95 


94 CSE 1413 


Gray 


06/26/95 


94 CSE 1414 


Gray 


06/27/95 


94 CSE 1415 


Morrison 


03/02/95 


94 CSE 1416 


Morrison 


03/21/95 


94 CSE 1417 


Morrison 


03/21/95 


94 CSE 1419 


Morrison 


06/26/95 


94 CSE 1420 


Reilly 


04/03/95 


94 CSE 1421 


Reilly 


03/03/95 


94 CSE 1423 


Reilly 


06/02/95 


94 CSE 1424 


Reilly 


04/03/95 


94 CSE 1425 


West 


03/31/95 


94 CSE 1426 


West 


03/31/95 


94 CSE 1427 


West 


03/31/95 


94 CSE 1429 


West 


03/31/95 


94 CSE 1430 


Nesnow 


03/24/95 


94 CSE 1431 


Nesnow 


03/24/95 


94 CSE 1432 


Nesnow 


03/24/95 


94 CSE 1433 


Nesnow 


03/24/95 


94 CSE 1434 


Nesnow 


07/11/95 


94 CSE 1435 


Becton 


03/06/95 


94 CSE 1436 


Becton 


03/06/95 


94 CSE 1437 


Becton 


07/28/95 


94 CSE 1438 


Becton 


07/05/95 


94 CSE 1439 


Chess 


03/03/95 


94 CSE 1441 


Chess 


07/18/95 


94 CSE 1442 


Chess 


06/29/95 


94 CSE 1444 


Mann 


03/07/95 


94 CSE 1445 


Gray 


03/02/95 


94 CSE 1446 


Morrison 


03/21/95 


94 CSE 1447 


Reilly 


04/03/95 


94 CSE 1449 


Nesnow 


07/26/95 


94 CSE 1450 


Gray 


06/09/95 


94 CSE 1452 


West 


03/07/95 


94 CSE 1454 


Nesnow 


04/17/95 


94 CSE 1455 


Nesnow 


03/07/95 


94 CSE 1456 


Nesnow 


04/17/95 


94 CSE 1457 


Nesnow 


04/28/95 


94 CSE 1458 


Nesnow 


08/10/95 


94 CSE 1459 


Becton 


03/06/95 


94 CSE 1460 


Becton 


04/07/95 


94 CSE 1461 


Becton 


04/07/95 


94 CSE 1462 


Becton 


04/07/95 


94 CSE 1463 


Becton 


04/07/95 


94 CSE 1464 


Chess 


08/15/95 


94 CSE 1466 


Chess 


06/09/95 


94 CSE 1468 


Chess 


07/20/95 


94 CSE 1470 


Mann 


03/31/95 


94 CSE 1471 


Mann 


03/07/95 


94 CSE 1472 


Mann 


03/07/95 


94 CSE 1473 


Gray 


03/02/95 


94 CSE 1474 


Gray 


03/09/95 


94 CSE 1475 


Gray 


05/19/95 


94 CSE 1476 


Morrison 


03/21/95 


94 CSE 1477 


Morrison 


03/02/95 


94 CSE 1478 


Morrison 


03/02/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1031 



CONTESTED CASE DECISIONS 



AGENCY 



Coley C. Matthews v. Department of Human Resources 

Willie J. Gadson v. Department of Human Resources 

Joseph K. Gatewood v. Department of Human Resources 

DonaJd Lee Barcliff v. Department of Human Resources 

James W. Nunnery v. Department of Human Resources 

Terrance Freeman v. Department of Human Resources 

William Leroy Watkins v. Department of Human Resources 

Bailey White v. Department of Human Resources 

Shannon Woodall v. Department of Human Resources 

Peter Ian Oliveira v. Department of Human Resources 

Ronald E. Lewis v. Department of Human Resources 

Wesley Kelvin Cook v. Department of Human Resources 

Everett Lee Hunt v. Department of Human Resources 

Kenneth W. Cahoon v. Department of Human Resources 

Ricky S. Blake v. Department of Human Resources 

Rick E. Atkins v. Department of Human Resources 

Timothy James Burnett v. Department of Human Resources 

Carlos L. Robinson v. Department of Human Resources 

Eddie O. Toro v. Department of Human Resources 

Timothy Mark Johnson v. Department of Human Resources 

Alan W. Karsner v. Department of Human Resources 

Walter J. Sturdivant v. Department of Human Resources 

Volna Ramone Gales v. Department of Human Resources 

Bruce Kelly Jacobs v. Department of Human Resources 

Tony Collins v. Department of Human Resources 

Ronald O. Biggs v. Department of Human Resources 

Keith Dewayne Senters v. Department of Human Resources 

Walter E. Champion Jr. v. Department of Human Resources 

Marvin B. Harris v. Department of Human Resources 

Jay C. Edwards, HI v. Department of Human Resources 

William Hyman v. Department of Human Resources 

Mahalon E. White v. Department of Human Resources 

Dennis Ray Alexander v. Department of Human Resources 

Joseph R. & Linda M. Grooms v. Department of Human Resources 

Robert M. Martin v. Department of Human Resources 

Ashton Berry Gatlin v. Department of Human Resources 

LouiB Cragg HI v. Department of Human Resources 

Dennis Micheal Sanders v. Department of Human Resources 

Anthony Bonini v. Department of Human Resources 

Jerry Wallace v. Department of Human Resources 

John D. Twine Sr. v. Department of Human Resources 

David A. Gaskins v. Department of Human Resources 

Kevin Ervin Kelley v. Department of Human Resources 

Nathaniel Ashford v. Department of Human Resources 

Ellen Downing v. Department of Human Resources 

Charles R. Hauley v. Department of Human Resources 

Michael L. Schadler v. Department of Human Resources 

Owen B. Fisher Jr. v. Department of Human Resources 

Robin Delmar Goods v. Department of Human Resources 

Julio Alvarado Jr. v. Department of Human Resources 

Thomas A. Morgan v. Department of Human Resources 

Terrcncc R. McLaughlin v. Department of Human Resources 

Johnnie V. Johnson v. Department of Human Resources 

Ward F. Miller v. Department of Human Resources 

Joel P. Roth v. Department of Human Resources 

Atward T. Warren v. Department of Human Resources 

Monte Harwell v. Department of Human Resources 

Albert Noah Dunlap v. Department of Human Resources 

James E. Davis v. Department of Human Resources 

Roger T. Benoy v. Department of Human Resources 

Spencer P. Johnson v. Department of Human Resources 

James A. Bryant v. Department of Human Resources 

Conrade Dunklin v. Department of Human Resources 

Kenneth J. Balfour v. Department of Human Resources 

Tony Thomas v. Department of Human Resources 

Willie A. Harris v. Department of Human Resources 

Walter T. Townsend Jr. v. Department of Human Resources 

Martin A. Greene v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1479 


Morrison 


03/21/95 


94 CSE 1480 


Reilly 


04/10/95 


94 CSE 1481 


Reilly 


06/26/95 


94 CSE 1482 


Reilly 


04/10/95 


94 CSE 1484 


Nesnow 


04/17/95 


94 CSE 1485 


Nesnow 


07/11/95 


94 CSE 1486 


Nesnow 


04/17/95 


94 CSE 1487 


Nesnow 


05/23/95 


94 CSE 1488 


Bee ton 


07/18/95 


94 CSE 1489 


Becton 


03/07/95 


94 CSE 1491 


Becton 


03/07/95 


94 CSE 1492 


Becton 


04/07/95 


94 CSE 1493 


Chess 


06/01/95 


94 CSE 1494 


Chess 


07/12/95 


94 CSE 1495 


Chess 


06/22/95 


94 CSE 1496 


Chess 


06/28/95 


94 CSE 1498 


Chess 


07/20/95 


94 CSE 1499 


Mann 


03/31/95 


94 CSE 1500 


Mann 


03/31/95 


94 CSE 1502 


Mann 


05/02/95 


94 CSE 1503 


Mann 


05/02/95 


94 CSE 1504 


Gray 


06/26/95 


94 CSE 1505 


Gray 


04/07/95 


94 CSE 1508 


Gray 


03/31/95 


94 CSE 1511 


Gray 


03/02/95 


94 CSE 1512 


Gray 


04/07/95 


94 CSE 1513 


Gray 


04/28/95 


94 CSE 1515 


Morrison 


08/04/95 


94 CSE 1533 


Morrison 


03/02/95 


94 CSE 1534 


Morrison 


04/06/95 


94 CSE 1535 


Morrison 


06/26/95 


94 CSE 1537 


Morrison 


04/06/95 


94 CSE 1538 


Reilly 


03/03/95 


94 CSE 1539 


Reilly 


03/07/95 


94 CSE 1541 


Reilly 


03/07/95 


94 CSE 1542 


Reilly 


04/10/95 


94 CSE 1543 


West 


03/06/95 


94 CSE 1544 


West 


06/23/95 


94 CSE 1545 


West 


07/18/95 


94 CSE 1546 


West 


08/25/95 


94 CSE 1547 


West 


07/18/95 


94 CSE 1548 


West 


05/22/95 


94 CSE 1549 


Nesnow 


06/02/95 


94 CSE 1551 


Nesnow 


07/26/95 


94 CSE 1553 


Nesnow 


03/30/95 


94 CSE 1554 


Becton 


03/07/95 


94 CSE 1555 


Becton 


03/07/95 


94 CSE 1562 


Becton 


04/07/95 


94 CSE 1563 


Becton 


04/07/95 


94 CSE 1564 


Becton 


05/22/95 


94 CSE 1567 


Chess 


06/02/95 


94 CSE 1569 


Chess 


03/07/95 


94 CSE 1570 


Chess 


06/28/95 


94 CSE 1571 


Chess 


04/19/95 


94 CSE 1572 


West 


03/14/95 


94 CSE 1573 


West 


03/31/95 


94 CSE 1576 


West 


07/18/95 


94 CSE 1577 


Reilly 


04/10/95 


94 CSE 1578 


Reilly 


04/10/95 


94 CSE 1579 


Reilly 


03/03/95 


94 CSE 1580 


Reilly 


04/10/95 


94 CSE 1582 


Morrison 


04/06/95 


94 CSE 1583 


Morrison 


04/06/95 


94 CSE 1584 


Morrison 


03/07/95 


94 CSE 1585 


Morrison 


07/26/95 


94 CSE 1586 


Morrison 


04/06/95 


94 CSE 1587 


Gray 


04/28/95 


94 CSE 1588 


Gray 


08/11/95 



PUBLISHED DECISION 
REGISTER CITATION 



1032 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



CONTESTED CASE DECISIONS 



AGENCY 



Dennis W. Nolan v. Department of Human Resources 
Roderick Odell Adams v. Department of Human Resources 
Jonathan L. Payne II v. Department of Human Resources 
Charles Scott Wilhoit v. Department of Human Resources 
Mickey Bridgett v. Department of Human Resources 
John Kimmons v. Department of Human Resources 
Randolph J. Nunn v. Department of Human Resources 
David Lester Gordon v. Department of Human Resources 
Larry James Walker, Jr. v. Department of Human Resources 
Wade A. Burgess v. Department of Human Resources 
Gary Jones v. Department of Human Resources 
Anthony Harrison v. Department of Human Resources 
Eddie L. Oliver III v. Department of Human Resources 
Michael D. Tyree v. Department of Human Resources 
Edward Fisher v. Department of Human Resources 
Leroy Jones v. Department of Human Resources 
Bernard Cooper v. Department of Human Resources 
William Gray v. Department of Human Resources 
Edward Lockhart v. Department of Human Resources 
Duane B. Marahburn v. Department of Human Resources 
Jimmy R. Jackson v. Department of Human Resources 
Mark A. Jones v. Department of Human Resources 
Ondino Damota Freitas v. Department of Human Resources 
Tony Monzell Perry v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
James B. Stokes Jr. v. Department of Human Resources 
Edith Christine Spurlock v. Department of Human Resources 
Andrew P. Jergens v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Eric L. McDonald v. Department of Human Resources 
Kevin Close v. Department of Human Resources 
Stephen L. Blankenship v. Department of Human Resources 
Herbert T. Robertson v. Department of Human Resources 
Kenny R. Bradshaw v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Ronnie P. Stephens v. Department of Human Resources 
Anthony B. Gardner v. Department of Human Resources 
Timothy C. Okeke v. Department of Human Resources 
Lewis M. Scarborough v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
Robert Larry Martin v. Department of Human Resources 
Dwane M. Williams v. Department of Human Resources 
Joseph O. Evans v. Department of Human Resources 
Donald E. Kirby v. Department of Human Resources 
Darcll D. Gautier v. Department of Human Resources 
Paul R. Ross v. Department of Human Resources 
Bobby Dam Massey v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Carol Jeanne Deese v. Department of Human Resources 
James Wright Jr. v. Department of Human Resources 
Joyce Ann Wilkinson v. Department of Human Resources 
Levern Wilson, Jr. v. Department of Human Resources 
Michael A. Bradford v. Department of Human Resources 
Clayman R. Norfleet v. Department of Human Resources 
Johnny C. Cole v. Department of Human Resources 
Rasoul Behboudi v. Department of Human Resources 
David L. Hill v. Department of Human Resources 
Keith Matthews v. Department of Human Resources 
Ernest N. Pruitt, Jr. v. Department of Human Resources 
Troy Cage v. Department of Human Resources 
Clyde R. Gaither v. Department of Human Resources 
Randy E. Baker v. Department of Human Resources 
James Glenn Locklear v. Department of Human Resources 
Walter Swirniak v. Department of Human Resources 
William Rann v. Department of Human Resources 
Inez Brown v. Department of Human Resources 
Matthew L. Ward v. Department of Human Resources 
Sanders Gilliard Hunter v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1590 


Gray 


03/31/95 


94 CSE 1591 


Gray 


04/07/95 


94 CSE 1592 


Morrison 


04/06/95 


94 CSE 1594 


Reilly 


04/21/95 


94 CSE 1595 


West 


05/08/95 


94 CSE 1596 


Nesnow 


04/17/95 


94 CSE 1608 


Mann 


03/21/95 


94 CSE 1609 


Mann 


03/13/95 


94 CSE 1610 


Chess 


06/01/95 


94 CSE 1611 


Chess 


06/09/95 


94 CSE 1612 


Chess 


07/12/95 


94 CSE 1615 


Becton 


04/07/95 


94 CSE 1616 


Becton 


07/10/95 


94 CSE 1619 


Becton 


04/07/95 


94 CSE 1621 


Becton 


04/07/95 


94 CSE 1622 


Nesnow 


07/05/95 


94 CSE 1623 


Nesnow 


04/17/95 


94 CSE 1645 


Becton 


04/25/95 


94 CSE 1646 


Chess 


06/02/95 


94 CSE 1647 


Mann 


08/03/95 


94 CSE 1648 


Gray 


03/09/95 


94 CSE 1649 


Morrison 


03/07/95 


94 CSE 1650 


Reilly 


03/07/95 


94 CSE 1651 


West 


04/07/95 


94 CSE 1652* 5 


Reilly 


05/16/95 


94 CSE 1653 


Becton 


04/07/95 


94 CSE 1654 


Chess 


07/19/95 


94 CSE 1655 


Mann 


05/22/95 


94 CSE 1656 


Gray 


03/02/95 


94 CSE 1657 


Morrison 


04/06/95 


94 CSE 1677 


West 


08/10/95 


94 CSE 1678 


Becton 


07/28/95 


94 CSE 1679 


Chess 


06/28/95 


94 CSE 1700 


Reilly 


04/10/95 


94 CSE 1702 


Becton 


04/07/95 


94 CSE 1703 


Chess 


06/28/95 


94 CSE 1704 


Mann 


05/02/95 


94 CSE 1724 


Reilly 


08/08/95 


94 CSE 1725 


West 


05/25/95 


94 CSE 1749*'° 


Becton 


07/28/95 


94 CSE 1750 


Chess 


03/21/95 


94 CSE 1759 


Nesnow 


06/09/95 


94 CSE 1766 


Chess 


03/21/95 


94 CSE 1767 


Reilly 


03/03/95 


94 CSE 1768 


Mann 


08/03/95 


94 CSE 1778 


West 


03/06/95 


94 CSE 1798 


Gray 


04/27/95 


94 CSE 1799* 4 


Gray 


05/31/95 


94 CSE 1814 


Morrison 


04/27/95 


94 CSE 1826 


Nesnow 


07/11/95 


95 CSE 0071 


Becton 


04/04/95 


95 CSE 0073 


Chess 


06/28/95 


95 CSE 0116 


Mann 


05/25/95 


95 CSE 0117 


Morrison 


07/11/95 


95 CSE 0118 


Reilly 


06/22/95 


95 CSE 0147 


West 


05/18/95 


95 CSE 0200 


Becton 


08/29/95 


95 CSE 0205 


Chess 


07/19/95 


95 CSE 0206 


Phipps 


07/21/95 


95 CSE 0207 


Phipps 


07/26/95 


95 CSE 0208 


Phipps 


07/31/95 


95 CSE 0226 


Nesnow 


07/28/95 


95 CSE 0229 


Phipps 


07/31/95 


95 CSE 0230 


West 


07/18/95 


95 CSE 0273 


Phipps 


06/27/95 


95 CSE 0279 


Phipps 


07/21/95 


95 CSE 0280 


Phipps 


06/27/95 


95 CSE 0284 


Phipps 


05/22/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1033 



CONTESTED CASE DECISIONS 



AGENCY 



James A. Bishop Jr. v. Department of Human Resources 
Mark C. Bushrod v. Department of Human Resources 
Antoine D. Jones v. Department of Human Resources 
Bennie L. Little v. Department of Human Resources 
Derrick Leon Henry v. Department of Human Resources 
Raul A. Dinzey v. Department of Human Resources 
David Dean Davis v. Department of Human Resources 
Frank McGirt v. Department of Human Resources 
Kelly Thomas Fclty v. Department of Human Resources 
Kelvin M. Tarlton v. Department of Human Resources 
Clarence O. Hilliard v. Department of Human Resources 
Larry James McGirt v. Department of Human Resources 
Alonzo Wilson v. Department of Human Resources 
Reginald Hill v. Department of Human Resources 
Rhonda D. Deaton v. Department of Human Resources 
Timothy W. Barber v. Department of Human Resources 
Rudolph C. Williams v. Department of Human Resources 
John K. Bostic v. Department of Human Resources 
Eva T. Wilson v. Department of Human Resources 
Robert Lee Smith, Jr. v. Department of Human Resources 
Dave L. James v. Department of Human Resources 
Robert Lee Bullock v. Department of Human Resources 
Augusta Hepburn v. Department of Human Resources 
Chris Brown v. Department of Human Resources 



Distribution Child Support 
Lisa J. Hill v. DHR, Div. of Social Svcs., Child Support Enf. Section 95 DCS 0239 

Hoke County Social Services 
Mr. and Mrs. William Jefferson v. Hoke Cty Soc Svcs, Linda Cromartie 95 DHR 0857 

Rockingham County Department of Social Services 
Crystean Fields v. Rockingham County DSS 95 DHR 0316 

Wake County Social Services 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


95 CSE 0292 


Gray 


08/07/95 


95 CSE 0297 


Morrison 


07/26/95 


95 CSE 0300 


Reilly 


07/21/95 


95 CSE 0313 


Morrison 


07/21/95 


95 CSE 0321 


Chess 


07/17/95 


95 CSE 0344 


Mann 


08/03/95 


95 CSE 0350 


Phipps 


07/26/95 


95 CSE 0351 


Gray 


08/07/95 


95 CSE 0360 


Morrison 


08/07/95 


95 CSE 0370 


West 


07/26/95 


95 CSE 0371 


Reilly 


05/25/95 


95 CSE 0389 


Nesnow 


08/10/95 


95 CSE 0414 


Becton 


07/28/95 


95 CSE 0438 


Becton 


07/21/95 


95 CSE 0489 


Becton 


07/05/95 


95 CSE 0491 


Phipps 


08/07/95 


95 CSE 0492 


Gray 


07/18/95 


95 CSE 0493 


Nesnow 


08/02/95 


95 CSE 0520 


Reilly 


07/21/95 


95 CSE 0528 


West 


08/25/95 


95 CSE 0539 


Mann 


07/21/95 


95 CSE 0559 


Phipps 


07/31/95 


95 CSE 0573 


Gray 


08/28/95 


95 CSE 0695 


Phipps 


08/25/95 



PUBLISHED DECISION 
REGISTER CITATION 



Phipps 



Gray 



Reilly 



05/02/95 



08/17/95 



06/01/95 



Grace A. Wright v. Wake County Social Services, 
and Craig Glenn 

INSURANCE 



Suzanne Woodell 



94 DHR 1618 



Chess 



05/03/95 



Grace F. Watkins v. Teachers' & St. Emp. Comp. Ma 
Billy Gene Campbell v. Department of Insurance 
Karen Wingcrt Bunch v. Teachers' & St. Emp. Comp. 

JUSTICE 



■ Med. Plan 


94 INS 1639 


Chess 


05/24/95 




95 INS 0143 


Reilly 


04/20/95 


[ajor Med. Plan 


95 INS 0243 


Morrison 


07/21/95 



Alarm Systems Licensing Board 

Patrick P. Sassman v. Alarm Systems Licensing Board 
Chad R. Fuller v. Alarm Systems Licensing Board 

Education and Training Standards Division 

Ricky Dale McDevitt v. Sheriffs Ed. & Training Stds. Comm. 
Reginald Keith Goffington v. Ciminal Justice Ed. &. Training Stds. Comm. 
Nervin Joseph DeDeaux v. Criminal Justice Ed. & Training Stds. Comm. 
Tony Lamont Blackmon v. Criminal Justice Ed. & Training Stds. Comm. 
Constance F. Lawrence v. Sheriff's Ed. & Training Stds. Comm. 
Alexander Douglas Jones v. Criminal Justice Ed. & Training Stds. Comm. 
Marilyn Jean Britt v. Sheriffs Ed. & Training Stds. Comm. 
Antonio Tremont Davis v. Sheriffs Ed. & Training Stds. Comm. 
Amy Rebecca Batcheler v. Sheriffs Ed. & Training Stds. Comm. 
Richard Dan Wuchte v. Criminal Justice Ed. & Training Stds. Comm. 
Henry Roger Judd v. Sheriffs Ed. & Training Stds. Comm. 



94 DOJ 1825 

95 DOJ 0716 



Reilly 
West 



03/09/95 
08/18/95 



94 DOJ 1710 


Nesnow 


05/04/95 


10:05 NCR 324 


95 DOJ 0028 


Becton 


06/08/95 




95 DOJ 0029 


Reilly 


05/16/95 




95 DOJ 0043 


Reilly 


06/02/95 




95 DOJ 0076 


Morrison 


04/06/95 




95 DOJ 0101 


Morrison 


06/13/95 


10:07 NCR 627 


95 DOJ 0172 


Gray 


08/03/95 




95 DOJ 0298 


Phipps 


08/08/95 




95 DOJ 0364 


West 


08/16/95 




95 DOJ 0401 


Nesnow 


06/07/95 




95 DOJ 0431 


Nesnow 


08/02/95 





1034 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



95 DOJ 0795 
95 DOJ 1408 



Mark Jason Smith v. Sheriffs Ed. & Training Stds. Comm. 

Jeffrey Andre Jenkins v. Criminal Justice Ed. & Training Stds. Comm. 

Private Protective Services Board 

Lewis Austin Saintsing v. Private Protective Services Board 
Marcus T. Williams v. Private Protective Services Board 
Melvin Ray Cooper v. Private Protective Services Board 
Donnell E. Morrow, Jr. v. Private Protective Services Board 
Private Protective Services Board v. James C. Purvis 
Private Protective Services Board v. Samuel O. Smith 
Jann Mitchell Stanley v. Private Protective Services Board 
Donald Wayne Clark v. Private Protective Services Board 
Richard Frank v. Private Protective Services Board 
Marvin E. Shackleford v. Private Protective Services Board 
Julius T. Fairley v. Private Protective Services Board 
James L. McLeary, Jr. v. Private Protective Services Board 
Bobby E. Smithey v. Private Protective Services Board 
Daniel C. Inglese v. Private Protective Services Board 

LABOR 



Occupational Safety A Health Division 

Lenoir County Public Schools v. Department of Labor, OSHA 95 DOL 0218 

Private Personnel Service Division 

Employment Consultants, Inc. v. Private Personnel Service Division 95 DOL 0209 

Wage and Hour Division 

R.J. Scott, Pres. Pirate Enterprises, Inc. v. Labor, Wage & Hour Div. 94 DOL 1524 

PUBLIC INSTRUCTION 

Glenn II, on behalf of Glenn II, and Glenn II, Individually v. Charlotte- 
Mecklenburg County Schools 

S.M. on Behalf of J. A.M., and S.M., Individually, and J.M. v. Davie 
County Board of Education 

William Hewett v. State Board of Education 

James Mtdgette v. State Board of Education 

Deborah R. Crouse v. State Board of Education 

Bobby G. Little v. Department of Public Instruction 

Tonya Marie Snipes and Robert Leon Snipes v. Orange County Schools 

Vance County Schools v. Haywood Yarborough 

Laverne K. Suggs v. Department of Public Instruction 

Lavern K. Suggs v. Guilford County Schools 

Kenneth G.H. Leftwich v. State Board of Education 

STATE BAR 

Phillip S. Banks, DJ v. North Carolina State Bar 

STATE PERSONNEL 

Caswell County Health Department 

Delia Brown v. Caswell County Health Department 
Julie R. Johnson v. Caswell County Health Department 

N.C. Central University 

Peter A. Fore v. N.C. Central University 

Department of Commerce 

T. Sherwood Jernigan v. Dept. of Commerce, Savings Institution Div. 



Gray 
Phipps 



08/14/95 
07/31/95 



94 DOJ 1000 


Chess 


03/03/95 




94 DOJ 1064 


Chess 


02/24/95 




94 DOJ 1635 


Reilly 


03/09/95 




94 DOJ 1823 


Reilly 


03/09/95 




95 DOJ 0018 


Chess 


05/15/95 




95 DOJ 0133 


Chess 


05/09/95 




95 DOJ 0420 


Morrison 


05/24/95 




95 DOJ 0444 


Phipps 


07/14/95 


10:09 NCR 805 


95 DOJ 0610 


Phipps 


08/10/95 




95 DOJ 0611 


Phipps 


07/18/95 




95 DOJ 0612 


Phipps 


07/20/95 




95 DOJ 0613 


Phipps 


07/18/95 




95 DOJ 0717 


West 


08/23/95 


10:12 NCR 1039 


95 DOJ 0767 


Morrison 


08/30/95 





95 BAR 0861 



94 OSP 0834 
94 OSP 0865 



93 OSP 0189 



94 OSP 0775 



Nesnow 



Morrison 



West 



93 EDC 0549 


Chess 


93 EDC 0742 


Phipps 


94 EDC 0533 


G>ay 


94 EDC 1401 


Reilly 


95 EDC 0003 


Chess 


95 EDC 0168 


Phipps 


95 EDC 0225 


Mann 


95 EDC 0235 


Mann 


95 EDC 0384 


Nesnow 


95 EDC 0385 


Nesnow 


95 EDC 0405 


Nesnow 



Morrison 



Nesnow 
Reilly 



Nesnow 



West 



05/01/95 



07/07/95 



03/23/95 



03/16/95 

05/30/95 

03/31/95 
05/02/95 
04/10/95 
03/20/95 
05/15/95 
08/04/95 
07/12/95 
06/02/95 
05/25/95 



08/18/95 



06/12/95 
03/15/95 



06/13/95 



05/25/95 



10:02 NCR 179 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 1035 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Department of Correction 

Nancy Gilchrist v. Department of Correction 

Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole 

Thomas Wayne Smathers v. Department of Correction 

George J. McClease, Jr. v. Department of Correction 

Nancy C. Walker v. Department of Correction 

Ruth Kearney v. Department of Correction 

Ann R. Fletcher v. Department of Correction 

James W. Hughes v. Department of Correction, Blue Ridge Unit Avery 95 OSP 0334 

William E. Norwood, Jr. v. Department of Correction 

Department of Crime Control and PuiHc Safety 

Betty Sue Whitley v. National Guard Dept. Crime Control & Public Safety94 OSP 1399 
Robert W. Beasley v. Crime Control & Public Safety, St. Highway Patrol 94 OSP 1821 

Office of the District Attorney 

Shannon Caudill v. Office of the District Attorney for Judicial 95 OSP 0188 

District 17-B, and Administrative Office of the Courts 



94 OSP 0121 


West 


03/09/95 


94 OSP 0332 


West 


05/15/95 


94 OSP 0590 


West 


03/23/95 


94 OSP 0644 


Gray 


04/19/95 


94 OSP 1206 


Gray 


08/18/95 


94 OSP 1807 


Bee ton 


03/13/95 


95 OSP 0123 


Chess 


08/21/95 


95 OSP 0334 


Becton 


07/25/95 


95 OSP 0500 


Gray 


08/16/95 



Chess 
Morrison 



Nesnow 



06/13/95 
08/10/95 



03/20/95 



10:11 NCR 965 



Dorothea Dix Hospital 

Paul E. Hunter v. Dorothea Dix Hospital 

Durham County Health Department 

Laurie A. Gerhard v. Durham County Health Department 

East Carolina University 

Lillic Mercer Atkinson v. ECU, Dept. of Comparative Medicine, ct al. 
Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 

Edgecombe County Health Department 

Ronald E. Wooten v. Edgecome County Health Department 

Department of Environment, Health, and Natural Resources 

Babette K. McKemie v. EHNR, Div. of Environmental Management 

Fayetteville State University 

George Benstead v. Fayetteville State University 
Lt. Bobby McEachern v. FSU Police Department 
Officer Gregor A. Miles v. FSU Police Department 

Forsyth Stokes Mental Health Center 

Michael Howell v. Forsyth Stokes Mental Health Center 

Department of Human Resources 

April Benfield v. Department of Human Resources 
and 
Western Carolina Center 
Eugene Hightower, Jr. v. Department of Human Resources, EEO 
Rebecca Johnson v. Human Resources, Special Care Center 

Black Mountain Center 



95 OSP 0504 



Gray 



95 OSP 0220 Phipps 



95 OSP 0038* 7 
95 OSP 0057* 1 



94 OSP 1209 



94 OSP 0358 



Becton 
Becton 



Gray 



Chess 



94 OSP 0499 



Chess 



07/12/95 



08/17/95 



06/08/95 
06/08/95 



07/10/95 



05/31/95 



94 OSP 1597 


Nesnow 


04/04/95 


95 OSP 0042*' 


Reilly 


07/05/95 


95 OSP 0058*' 


Reilly 


07/05/95 



03/24/95 



94 OSP 1758 


Nesnow 


06/07/95 


94 OSP 1811 


West 


05/04/95 


95 OSP 0138 


West 


03/31/95 



10:12 NCR 1043 



James Harrison v. Black Mountain Center, Dept. of Human Resources 94 OSP 0994*" Gray 
James Harrison v. Black Mountain Center, Dept. of Human Resources 95 OSP 0190*" Gray 



07/31/95 
07/31/95 



1036 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Cherry Hospital 

William H. Cooke v. DHR, Cherry Hospital 
Deloris L. Johnson v. Cherry Hospital, DHR 

Durham County Department of Social Services 
Delores H. Jeffers v. Durham County Department of Social Services 

Gaston County Department of Social Services 
Bobbie J. Gilliam v. Gaston County Department of Social Services 

Iredell County Department of Social Services 

Vernon E. Grosse v. Iredell County Department of Social Services 
Bonnie N. Bellamy v. Iredell County Department of Social Services 

Richmond County Department of Social Services 

Emma Jane Bradley v. Richmond County Dept. of Social Services 

Wake County Department of Health 



93 OSP 1547 
95 OSP 0409 



94 OSP 0939 



94 OSP 0770 



94 OSP 0282 
94 OSP 0739 



95 OSP 0055 



Gray 
Gray 



Morrison 



West 



Becton 
Chess 



Reilly 



Regina K. Crowder v. Wake County/Health Dept., Caroline E. Lee, Dir. 94 OSP 1032*' Nesnow 
Sabrina R. Crowder v. Wake County /Health Dept., Richard Stevens 94 OSP 1072** Nesnow 



Thomasine D. Avery v. Wake County/Health Department 

Wake County Department of Social Services 
Olivia L. Jordan v. Wake County/Department of Social Services 
Department of Labor 
Michael Robert Smith v. Department of Labor 



94 OSP 1074*' Nesnow 



94 OSP 1179* 8 Nesnow 



94 OSP 0610 



Nesnow 



Lee-Harnett Area Mental Health, Developmental Disabilities, and Substance Abuse Authority 



Julie Dyer v. Lee-Harnett Area MH/DD/SA Authority 

North Carolina Special Care Center 

Lynn Banasiak Bass v. North Carolina Special Care Center 

North Carolina State University 

Artelia S. Clark v. N.C. State University 

Wesley Brown v. N.C. State University 

David L. Bauer v. North Carolina State University 

Billy Ray Kelly v. NCSU Physical Plant 

Heather Ann Waskiowicz v. NCSU, Dept. of Public Safety 

Orunge~Person-Chatham Mental Health 

Patricia A. Harris v. Orange-Person-Chatham Mental Health 

Department of Transportation 

Michael E. Kornegay v. Department of Transportation 
Robert F. Goins v. Department of Transportation 
Esther Doe Murphy v. Department of Transportation 



94 OSP 0750 



95 OSP 0419 



Gray 



Phipps 



95 OSP 0162 

93 OSP 1700 

94 OSP 0281 

95 OSP 01 14 
Judy H. Arnold v. Department of Transportation, Div. of Motor Vehicles 95 OSP 1075 

University of North Carolina 

Beth Ann Miller v. UNC Student Health 94 OSP 0800 



West 



Gray 
Chess 
Gray 
Becton 



Nesnow 



03/16/95 
08/25/95 



06/12/95 



05/24/95 



03/09/95 
03/01/95 



07/18/95 



06/12/95 
06/12/95 
06/12/95 



06/12/95 



06/09/95 



03/20/95 



08/01/95 



04/11/95 



03/24/95 
05/30/95 
07/10/95 
07/31/95 



05/25/95 



10:01 NCR 48 



10:09 NCR 809 



89 OSP 0612 


Nesnow 


07/07/95 




94 OSP 1173 


Reilly 


06/30/95* 


10:08 NCR 700 


95 OSP 0044 


Morrison 


04/25/95 




95 OSP 0130 


West 


03/22/95 




95 OSP 0213 


Phipps 


07/06/95 





10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 1037 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



UNC Hospitals 

David Patrick Malone v. Univ. of NC Hospital at Chapel Hill 
Lillian C. Daniels v. UNC Hospital 

Wake County 

Mark Morgan v. Wake County 

STATE TREASURER 



94 OSP 0771 

95 OSP 0056 



94 OSP 0937 



Becton 

Morrison 



Ncsnow 



03/14/95 
05/11/95 



04/28/95 



10:04 NCR 287 



John W. Parris v. Bd. of Trustees//NC Local Gov. Emp. Retirement Sys. 91 DST 1093 
Channie S. Chapman v. Bdn"rustees//NC Local Gov. Emp. Ret Sys. 94 DST 0443 

Bryan L. Basden v. Retirement Systems Division 95 OSP 0171 

Wayne La Broad v. Bd./Trustees//Teacher8/St. Emp. Retirement Sys. 95 DST 0219 

Tammy Evonne Ashcroft Brownv. Bd/Tr./fSC Local Gov. Emp. Ret Sys. 95 DST 0404 



Nesnow 


05/04/95 




Morrison 


05/15/95 




Chess 


06/21/95 




Morrison 


07/14/95 




Phipps 


07/27/95 


10:10 NCR 872 



( 



1038 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF ALAMANCE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 DOJ 0717 



BOBBY E. SM1THEY 
Petitioner, 



NORTH CAROLINA PRIVATE PROTECTIVE 
SERVICES BOARD 
Respondent. 



PROPOSAL FOR DECISION 



This contested case was heard on July 25, 1995 in Raleigh, North Carolina, by Administrative Law Judge Thomas 
R. West. 

APPEARANCES 

Petitioner represented himself at the hearing. 

Respondent was represented by Charles F. McDarris, Esq. 

ISSUE 

Petitioner Bobby Eugean Smithey applied with the Private Protective Services Board for registration as an unarmed 
security guard. 

The application for registration was denied by the Administrator of the Board for "Cause." Specifically, the 
Administrator denied the application because of Smithey's several criminal convictions between January 20, 1971 and January 
9, 1989; and because Smithey allegedly falsified his application for registration. Smithey appealed. 

The issues are: 

(1) whether Smithey is of good moral character and temperate habits as required by G.S. 74C-8(d)(2), G.S. 
74C-12(a)(25), and 12 NCAC 7D .0703(3); 

(2) whether the Private Protective Services Board (hereafter "Board") should deny registration, pursuant to G.S. 
74C-12(a)(9) because Petitioner has committed an unlawful assault; 

(3) whether the Board should deny registration, pursuant to G.S. 74C-12(a)(l), because Petitioner 
falsified his application for certification. 

BURDEN OF PROOF 

The burden of proof is on Petitioner to prove by the greater weight of the evidence that the Board's Administrator 
denied Petitioner's application for registration as an unarmed security guard. 

WITNESSES 

For Petitioner: 

Petitioner testified on his own behalf. 

In addition, letters from Petitioner's employer (P2) and landlord (PI) were received into evidence without objection by the 

Board. 

For Respondent: 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 1039 



CONTESTED CASE DECISIONS 



Helen Parker - employee of the Private Protective Services Board 

EXHIBITS 

The following exhibits were received into evidence: 

Rl - Application for registration as an unarmed security guard 

R2 - Letter from Administrator of the Board denying registration 

R3 - Criminal Record Check from 1989 to date of application 

R4 - Criminal Record Check from 1985 to date of application 

PI - Letter of recommendation from Darrell Moser, Petitioner's landlord 

P2 - Letter of recommendation from Mary Moser, Petitioner's employer 

Based upon a preponderance of the evidence, the undersigned finds the following to be the facts: 

FINDINGS OF FACT 

1. Petitioner went to the offices of The Wackenhut Corporation in Greensboro, North Carolina, on March 30, 1995 
for the purpose of applying for registration as an unarmed security guard under Wackenhut's license. 

2. Petitioner filled out the top of the application for registration which was received into evidence as Exhibit Rl. The 
portion of the application above the printed words, "MAILING/RESIDENT ADDRESS FOR PAST FOUR YEARS:" is in 
Petitioner's handwriting. 

3. Petitioner's address is in Petitioner's handwriting, but is stricken through. Petitioner's address is written above the 
strike-through in the handwriting of a secretary at Wackenhut. 

4. The company telephone number, date of Petitioner's employment, his position, and the name of his supervisor are 
written in the secretary's handwriting. 

5. On the bottom half of the application, it is represented that Petitioner has never pled guilty or been convicted of any 
crime. It is also represented that during the last five years Petitioner has not been convicted, served time, been paroled or 
placed on probation. 

6. The application is signed by Petitioner and a representative of Wackenhut, Malcolm C. Burchett. 

7. A Criminal Record Check for Smithey was attached to his application. The Criminal Record Check was received 
into evidence as Exhibit R3. The Check is for Alamance County and for the period from and after 1989. No convictions 
appear on the Criminal Record Check. 

8. After the Board received Petitioner's application, routine investigation showed that Petitioner had been convicted 
of numerous crimes: 

Robbery - common law 

Assault on a Female 

Assault on a Female (2 counts) 

Assault on a Female 

Assault with a deadly weapon 

Assault with a deadly weapon 

Misdemeanor Assault and Battery 

Assault with a deadly weapon 

Assault on a Female 

9. The staff of the Board contacted either Wackenhut or Petitioner regarding the convictions. As a result, Wackenhut 
sent to the Board the Criminal Record Check received into evidence as Exhibit R4. The document shows convictions from 
and after 1985. 



1040 NORTH CAROLINA REGISTER September 15, 1995 10:12 



a. 


1/20/71 


b. 


1/31/78 


c. 


2/8/82 


d. 


8/27/84 


e. 


3/14/85 


f. 


3/6/87 


g- 


6/19/87 


h. 


7/13/88 


i. 


1/9/89 



CONTESTED CASE DECISIONS 



10. Petitioner testified that when he filled out the application for registration, an employee of Wackenhut, Pete Webster, 
told Petitioner that the Board was only concerned about convictions during the last five years and that this is the reason a 
Criminal Records Check was submitted for only the past five years. 

11. Petitioner also testified that he did not write on the application the "No" answers. 

12. Administrative Rule 12 NCAC 7D .0703(3) provides that convictions within the past five years shall be prima facie 
evidence that the applicant does not have good moral character or temperate habits. The rule lends credibility to Smithey's 
testimony that an employee of Wackenhut told him the Board is only interested in convictions within the past five years. 

13. Smithey has been employed as the caretaker of a cemetery in Graham, Providence Memorial Association, for the 
past twelve years. The secretary of the cemetery Association, Mary Moser, is a retired school teacher, and has been the 
secretary of the Association for fifteen years. Moser believes Smithey to be dependable, cooperative, trustworthy, and one 
who takes pride in his work. 

14. Smithey has rented a house from Darrell Moser since 1975. Darrell Moser is Mary Moser' s son. Darrell Moser 
wrote a letter received into evidence as Exhibit PI. Darrell Moser writes in the letter that he considers Smithey to be one 
of the hardest and most reliable workers he has ever employed. 

15. Smithey is interested in working part time as an unarmed security guard for Wackenhut, and maintaining his 
employment as a caretaker for the cemetery in Graham. 

16. Smithey is an alcoholic. 

17. All but the last of Smithey's criminal convictions occurred during the time he was abusing alcohol. The assaults 
on a female were assaults on Smithey's wife, who passed away on July 5, 1989 during open heart surgery. 

18. Smithey testified that he has not consumed alcohol since 1988. Darrell Moser writes in his letter that Smithey has 
not consumed any alcohol since 1988. 

19. The dates of Smithey's convictions and the lack of any since January 9, 1989, lends credibility to the evidence that 
the crimes were related to Smithey's abuse of alcohol. 

20. On the other hand, most of the crimes related to Smithey's abuse of his wife, who has been deceased since July 
1989. 

Based upon the foregoing, the undersigned reaches the following: 

CONCLUSIONS OF LAW 

1. There is no showing, pursuant to G.S. 74C-8(d) and 12 NCAC .0703 (3), of a prima facie case that Smithey is not 
of good moral character and temperate habits. 

Clearly, Smithey has the kinds of convictions contemplated by the statute and administrative rule as a prima 
facie showing of lack of good moral character and temperate habits. But when you compare the statute, 
which has no time restriction regarding the relevant convictions, and the rule, which has a restriction of 
five years, you must conclude that the Commission made a policy decision when it promulgated the rule 
that it considers only convictions within five years of the application to be relevant to show a prima facie 
case that an applicant lacks good moral character and temperate habits. 

2. For the reasons stated hereinabove in Conclusion #1, there can be no showing that the Board may, in its discretion, 
deny Smithey registration pursuant to G.S. 74C-12(a)(25). 

3. It is more likely than not that the "No" answers written on Smithey's application were not placed on the application 
by Smithey. There is no evidence regarding when Smithey signed the application, either before the "No" answers were 
written or after. 



10:12 NORTH CAROLINA REGISTER September 15, 1995 1041 



CONTESTED CASE DECISIONS 



4. The Board has discretion, pursuant to G.S. 74C-12(a)(l), to deny registration to Smithey because the application, 
which is signed by Smithey, does give false information regarding whether he has ever been convicted of any crime. 

5. The Board has discretion, pursuant to G.S. 74C-12(a)(9), to deny registration to Smithey because of the numerous 
convictions for assault. 

Based upon the foregoing, the undersigned makes the following: 

PROPOSAL FOR DECISION 

The Private Protective Services Board has discretion to deny Smithey registration as an unarmed security guard as 
the result of his numerous convictions for assault. See G.S. 74C-12(a)(9). The Board has discretion to deny Smithey 
registration as the result of his signature on an application which provides false information. See G.S. 74C-12(a)(l). If the 
Board denies registration, the Board's action would be supported by the evidence and well within its discretion. 

The Board should not deny Smithey registration pursuant to any other ground stated in the Administrator's letter 
to Smithey for the reasons stated hereinabove in the Conclusions of Law. 

I recommend to the Board that it register Smithey as an unarmed security guard. Smithey's convictions appear to 
be related to his alcoholism. The fact that there have been no convictions since 1989 is evidence that the alcoholism is under 
control. 

I am influenced that Smithey has lived in the same residence and held the same job for over a decade. I tend to 
believe that if Smithey were continuing to abuse alcohol, he would not have been able to do either. The Board must be 
concerned that Smithey signed an application that indicates he has never pled guilty to or been convicted of any crime. 
However, over the years, I have seen that this incorrect information is more likely the result of sloppy procedure by licensees 
or lack of appreciation by licensees of the importance of being accurate than intent by registrants to mislead the Board. I 
believe that to be the case here. 

Finally, I am influenced by the fact Smithey came from Graham to Raleigh for the hearing and represented himself. 
Not many people who have been denied registration for the reasons Smithey was make an appearance. Smithey did. The 
fact that he appeared at the hearing lends credibility to his testimony that alcoholism was the root of his convictions and that 
his alcoholism is under control. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, PO 
Drawer 27447, Raleigh, NC 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions and proposed findings of fact and to present oral and written arguments to the agency. G.S. 150B-40(e). 

A copy of the final agency decision or order shall be served upon each party personally or by certified mail 
addressed to the party at the latest address given by the party to the agency and a copy shall be furnished to his attorney of 
record. G.S. 150B-42(a). It is requested that the agency furnish a copy to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the Private Protective Services Board. 

This the 23rd day of August, 1995. 



Thomas R. West 
Administrative Law Judge 



1042 NORTH CAROLINA REGISTER September 15, 1995 10:12 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF DURHAM 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 OSP 0220 



LAURffi A. GERHARD 
Petitioner, 



DURHAM COUNTY HEALTH 
DEPARTMENT 

Respondent. 



RECOMMENDED DECISION 



This contested case was heard by Administrative Law Judge Meg Scott Phipps on August 3 and 7, 1995 in Durham, 
North Carolina. The Petitioner submitted proposed findings of fact and conclusions of law on August 9, 1995. The record 
closed on August 16, 1995. 



APPEARANCES 



For Petitioner: 



For Respondent: 



Frederick A. Burke 
Suite 2007 

3622 Lyckan Parkway 
Durham NC 27707 

Lowell L. Siler 

Durham County Attorney's Office 

PO Box 3508 

Durham NC 27702-3508 

ISSUE 

Did the Respondent have just cause to dismiss the Petitioner from employment for unacceptable personal conduct? 

BURDEN OF PROOF 

The burden of proof is on the Respondent to show that it had just cause to dismiss the Petitioner for unacceptable 
personal conduct. 

WITNESSES 



FOR RESPONDENT: 

Margaret ("Peg") Wolfe - 
Barbara B. Rumer 
Gayle Bridges Harris 
Clementine Buford 
Elaine Hyman 

FOR PETITIONER: 



Public Health Nurse Supervisor I 

Dietician in private practice 

Director of Nursing for Durham County 

Middle School Team Leader and School Nurse 

Manager of Employee Relations for Durham County 

Laurie A. Gerhard 



EXHIBITS 



FOR RESPONDENT: 

Exhibits 1-12, 14-40, 44, 45, 47-48 
Exhibit 13 



Margaret Wolfe's Notes 
Oral Warning 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1043 



CONTESTED CASE DECISIONS 



Exhibit 41 - Letter from Becky Freeman to Peg Wolfe 

Exhibit 46 - Letter from Barbara Rumer to Becky Freeman 

Exhibit 49 - Dismissal Letter 

Offers of Proof - Exhibit 42 and Exhibit 43 

FOR PETTTIONER: 

Exhibit 1 - Performance Evaluation 

Exhibit 2 - Durham County Employee Handbook 

MOTION TO STRIKE GRANTED 

Melissa Lord was a subpoenaed witness for the Respondent. Her testimony was critical to substantiate a primary 
basis for dismissal for unacceptable personal conduct. The witness did not appear at the hearing on August 3, 1995. The 
hearing was held open until Monday, August 7, 1995, solely for the purpose of accommodating the Respondent and this 
witness. A new subpoena was issued. The witness again did not appear. Respondent's advised the Court that the witness 
was reluctant to testify. Petitioner through counsel renewed her objection to hearsay testimony regarding statements by 
Melissa Lord and to Respondent's Exhibits 42 and 43. This objection was sustained and a Motion to Strike was granted. 
Exhibits 42 and 43 are placed in the record as Offers of Proof pursuant to G.S. 150B-37(a)(2). Although an administrative 
law judge has the discretion to admit the most reliable and substantial evidence available when evidence is not reasonably 
available pursuant to G.S. 150B-29(a), the undersigned finds and concludes that this witness was reasonably available by 
subpoena and she chose not to appear. This deprives the Petitioner of the right to cross-examine pursuant to 26 NCAC 3 
.0119(a) and the hearsay evidence should not be admitted. 

FINDINGS OF FACT 

1. Petitioner, Laurie A. Gerhard ("Petitioner"), was hired by the Respondent, Durham County Health 
Department ("County") as a Public Health Nurse I, effective October 11, 1993, at an annual salary of $24,437.09. Her 
initial status was as a probationary employee. She worked as a school nurse teacher. 

2. Petitioner encountered difficulties learning the chain of command in the County's Health Department. 
Because she was unable to obtain the services of a nutritionist to put on classes for her students, Petitioner registered a 
complaint outside of her departmental chain of command. This complaint was made to Rebecca Freeman, Director of the 
Nutrition Division, regarding Sally Smith and Liz Gunselman, nutritionists in the Division. This was a major factor in her 
receiving an oral warning on April 14, 1994. Petitioner was directed to follow her chain of command if she had an 
unresolved problem or concern with a peer in another division. Although this was required of Petitioner, the complaint to 
Petitioner's Team Leader, Clementine Buford, had come directly from Sally Smith even though Ms. Smith had been advised 
not to call outside of her chain of command. 

3. Petitioner's supervisor. Peg Wolfe, documented several meetings between April and June 16, 1994 with 
Petitioner where Ms. Wolfe cited Petitioner for lack of team spirit and negative comments from the public and other 
employees. By this time, it was becoming apparent to Peg Wolfe that Petitioner was often unable to communicate in a 
positive or tactful manner. 

4. Petitioner was also advised on June 16, 1994 by Ms. Wolfe that responses from the schools where she 
taught were generally positive. Several commentators gave her an excellent rating, and none of the comments were negative. 
At this time, Ms. Wolfe testified that she told Petitioner that her status would be changed from probationary to permanent 
(although Petitioner has no recollection of that statement, and it does not appear in Ms. Wolfe's notes). There was still an 
ongoing concern with not following the chain of command and with negative comments to others. Petitioner was advised 
to "soften your words." 

5. An item of concern with Ms. Wolfe involved the Petitioner's attendance at a meeting of the Durham 
Coalition on Adolescent Pregnancy Prevention ("DCAPP"), a non-profit group, in June 1994. Voluntary participation in 
DCAPP was encouraged by the County, and two of the volunteer co-facilitators were Annette Carrington and Clementine 
Buford, both Team Leaders in the County's Health Department. Ms. Buford was the Petitioner's Team Leader. Petitioner 
had been invited to attend the meeting by Ms. Carrington. At the meeting, Petitioner expressed certain personal views with 
respect to problems of DCAPP and offered suggestions as to how to fix them. Ms. Buford took exception to these 
comments, and lodged a written complaint to Ms. Wolfe and Gayle Harris, the Director of Nursing. She emphasized that 

1044 NORTH CAROLINA REGISTER September 15, 1995 10:12 



CONTESTED CASE DECISIONS 



it was not the function of Ms. Gerhard to suggest corrective measures but rather to network with community organizations. 
Petitioner protested the complaint to her supervisors as this was not an official function and these were her personal views. 
Nevertheless, Ms. Wolfe cited this on August 19, 1994 as another example of Petitioner's inability to get along. 

6. By this time, the working relationship between Clementine Buford and Petitioner was clearly strained. 
Elaine Hyman, Manager of Employee Relations, testified that the problems were associated with Clementine Buford also. 
She further testified that both employees had a "great deal to offer" to the Department. Additional meetings were held during 
September and October 1994 between the Petitioner and Ms. Wolfe on the subject of getting along. It was arranged that 
Petitioner and her Team Leader, Ms. Buford, participate in a mediation conference to be administered by Elaine Hyman of 
the County's Human Resources Department. This was done on September 29, 1994. Because mediation was not successful, 
Petitioner was to be assigned to a new team leader at the next term. 

7. On November 2, 1994, Petitioner was given an annual appraisal effective October 17, 1994. Her annual 
salary was increased to $28,928.00. The appraisal noted that she "exceeded expectations" in three categories, she "met 
expectations" in eight categories, and "needed improvement" in one category, communication. It was noted that she, "Does 
not always work through established channels— conflict resolution skills are limited; attend session on C-R to address issue." 
There was no category in which she "failed to meet expectations. " She was noted to be a "Creative teacher, has professional 
approach to practice, e.g., goals and objectives, teaching plans." 

8. In spite of her difficulties with Ms. Buford and Ms. Wolfe, on November 14, 1994, Petitioner's status was 
changed to that of a permanent employee. Gayle Harris, Director of Nursing, testified that this was partially due to the fact 
that positions were being reduced in county government and they were afraid of losing this position. 

9. On January 25, 1995, Becky Freeman, Director of Nutrition in the County's Health Department, wrote 
to Ms. Wolfe that Petitioner had made derogatory comments about a Health Department nutritionist to one Barbara Rumer, 
a nutritionist outside the agency. This may actually have been the same comment regarding Sally Smith which was the 
subject of the April 1994 oral warning. According to Mrs. Rumer, Petitioner had made the complaint to her at a chance 
meeting when they were both at the school attended by their children. The chance meeting took place in the fall of 1994, 
after school hours. Petitioner did not represent her views to be the official views of her employer, but rather her own 
personal views. Nevertheless, over lunch in December, Mrs. Rumer mentioned it to her friend, Lee Lichtenwalter, a County 
employee and nutritionist, who notified her boss, Becky Freeman, who in turn notified Ms. Wolfe. Mrs. Rumer did not 
know that Ms. Lichtenwalter would react as strongly as she did. She thought the matter was over. Ms. Freeman had to 
call Mrs. Rumer on several occasions to convince her to put the incident in writing, which she did on February 2, 1995. 
(Respondent's Exhibit 46). Mrs. Rumer was uncomfortable talking to Ms. Freeman or putting it in writing. Mrs. Rumer 
stated that Petitioner was a bright and capable person and that this all happened quite inadvertently. 

10. On that very day, Petitioner was told about the letter and was placed on suspension. She was not provided 
with a copy of the letter. Petitioner told Ms. Wolfe that she did not remember the conversation with Mrs. Rumer, that it 
sounded like the same incident for which she had been placed on oral warning the previous April, that Sally Smith (the 
subject of Ms. Freeman's letter) and Petitioner had been working well together since the oral warning incident, that she was 
entitled to her own personal views. 

11. For this reason (and another which was not substantiated), on February 6, 1995, Petitioner was terminated 
without any prior warning. She received a dismissal notification at the time of termination. It recited her continued refusal 
to follow appropriate channels to discuss County concerns as the specified basis to terminate Petitioner for personal conduct 
unbecoming a County employee. It stated that her actions called the credibility of the County into question and therefore 
undermined the ability of the County to offer services. 

12. Petitioner timely appealed her dismissal. 

13. Petitioner was not advised that she was still in oral warning at the time of her termination or within the 
preceding six month period. 

14. The County's Employee Relations Manager, Elaine Hyman, stated that personal conduct discipline is 
intended to be imposed for those actions for which no reasonable person could, or should, expect to receive prior warnings. 
Gayle Harris and Elaine Hyman stated that it became a judgment call as to whether or not these incidents were related to 
personal conduct or to performance. Initially, these problems were characterized as one of job performance and thus, the 



10:12 NORTH CAROLINA REGISTER September 15, 1995 1045 



CONTESTED CASE DECISIONS 



oral warning was given. The dismissal notification stated that the dismissal was based on "the incidents discussed during 
your pre-dismissal conference ... and a previous oral warning documenting the same behavior." (Emphasis added). 

15. The County's Employee Handbook at page 9 lists sixteen (16) different types of inappropriate personal 
conduct, which generally attempt to prevent serious injury to persons and property. The Handbook does define a "failure 
to work well with the public and with other employees" as unsatisfactory job performance which requires adherence to the 
three step disciplinary process. The Handbook also states at page 4: 

As a County employee, you represent Durham County Government. The 
impression you give and the statements you make may influence the impression citizens 
have, not only of you, but also Durham County. You are our best public relations agent. 

Courteous and efficient work is essential if we are to provide the best possible 
service. 

Failure to follow the chain of command is not listed under the examples of causes for discipline or dismissal in the 
Handbook. 

16. The Petitioner could well be described as an employee who is above average in competency and who, in 
her efforts to perform her job well, received positive evaluations from the officials of the schools where she taught. 
Nevertheless, she was unable to satisfy the demands of her nursing supervisor to work within her defined policy of "getting 
along." She spoke her mind. This was not tolerated by her supervisor, Ms. Wolfe. Therefore, the Petitioner failed to 
adequately perform her duties in that she failed to work well with the public and with other employees. 

Based upon the foregoing Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. The Office of Administrative Hearings has jurisdiction to hear this case pursuant to G.S. §§126-34, 126-35, 
125-36 and Chapter 150B. 

2. Petitioner is a permanent employee of a local government subject to the state personnel act as set forth in 
G.S. §126-37(b)(l) and §125-5(a)(2). 

3. G.S. §126-35(a) limits suspension without warning to causes relating to personal conduct detrimental to 
State [County] service, pending the giving of written reasons, in order to avoid undue disruption of work or to protect the 
safety of persons or property or for other serious reasons. 

4. There are two bases for the dismissal of employees under the G.S. 126-35 standard of "just cause" and they 
are "unacceptable job performance" and "unacceptable personal conduct." 25 NCAC II .2301(b). "Unacceptable job perfor- 
mance" includes the failure to satisfactorily perform job requirements as directed by management; this determination is made 
by the supervisor. 25 NCAC II .2301(c). "Unacceptable personal conduct" includes conduct for which no reasonable person 
would expect to receive a prior warning and "conduct unbecoming an employee that is detrimental to the agency. " 25 NCAC 
II .2301(d)(1) & (5). Certain actions by employees may fall into both categories depending on the facts in the case. 25 
NCAC II .2301(e). 

5. The Petitioner's conduct was not sufficiently grievous such as to warrant dismissal for personal conduct. 
Petitioner's conduct did not threaten serious harm to persons or property. Assuming that all of the hearsay allegations against 
the Petitioner were believed, a reasonable person could expect to receive prior warnings that such actions would constitute 
a basis for termination. 

6. Failure to follow appropriate channels to discuss concerns about Health Department employees and functions 
is unacceptable job performance especially when Petitioner was directed to do so by management. This was the only cited 
reason for the dismissal; however, the evidence shows, and the undersigned concludes, that the Petitioner also failed to work 
well with the public and employees which is characterized in the Respondent's Employee Handbook as unsatisfactory job 
performance. Therefore, Petitioner was entitled to three separate warnings that her performance was unsatisfactory. 25 
NCAC II .2302(b); Amanim v. N.C. Dept. of Human Resources, 1 14 N.C.App. 668, 443 S.E.2d 1 14 (1994); Parks v. 
Department of Human Resources. 70 N.C.App. 125, 338 S.E.2d 826, disc, review denied, 316 N.C. 553, 344 S.E.2d 8 

1046 NORTH CAROLINA REGISTER September 15, 1995 10:12 



CONTESTED CASE DECISIONS 



» 



(1986). These were not provided. 

7. Petitioner was entitled to a statement in writing setting forth in numerical order the specific acts or 
omissions that were the County's reasons for terminating her employment, as required by G.S. §126-35(a). No such notice 
was provided. 

8. The failure of the County to provide the Petitioner with the proper oral and written warnings and to meet 
the specificity requirements of G.S. §126-35(a) are both procedural violations which constitute a denial of due process and 
a discharge without just cause. 



fees. 



9. Petitioner is entitled to reinstatement to a same or similar position, and to an award of back pay and counsel 

Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned makes the following: 

RECOMMENDED DECISION 

FT IS HEREBY RECOMMENDED that Petitioner be reinstated to the same or similar position of Public Health 
Nurse I and that she be awarded back pay and attorney fees. IT IS FURTHER RECOMMENDED that a written warning 
be placed in Petitioner's personnel file specifically setting out incidents of failure to work well with the public and employees 
which occurred between April 14 until February 6, 1995. The Respondent should follow the requirements of 25 NCAC II 

.2302(c)(2). 

MEMORANDUM 

(26 NCAC 3 .0126(c)(7)) 

A substantial part of the testimony and the evidence to support Petitioner's dismissal was based on hearsay testi- 
mony. Pursuant to G.S. 150B-29(a) most of the hearsay testimony was allowed in over a general objection from the 
Petitioner's counsel for the following reasons: 

1. Statements were admitted to show why Petitioner's supervisor, Peg Wolfe, took the actions that she did 
regarding Petitioner and not for the truth of the matters asserted to her by others. Also, the notes and memoranda of Peg 
Wolfe were the product of regularly conducted meetings which she held in her capacity as supervisor. G.S. 8C-803(6) & 
(8); and 

2. To prevent a lengthy hearing. But it is noted that Respondent chose not to present the testimony of 
witnesses who could corroborate hearsay testimony, most notably, Rebecca Freeman who was in the courtroom. Although 
Ms. Wolfe's note-taking is credible and in fact, commendable, there is an element of untrustworthiness in the information 
provided to her. As an example, in Respondent's Exhibit No. 5, Clementine Buford called Peg Wolfe to complain about 
Laurie Gerhard and Ms. Wolfe writes down the following that Ms. Buford tells her: "Laurie said that Peg said that 
Clementine had said that Laurie didn't like minority kids at Rogers-Herr. " These types of conversations and hearsay 
innuendos go to the heart of the problem in this case. Relations were so strained between Clementine Buford, as well as 
other employees, and Laurie Gerhard that nothing Ms. Gerhard said or did was going to be right. Every comment or 
complaint, no matter how many people it went through, was going to be reported to Peg Wolfe. As a result, Ms. Wolfe 
spent a great deal of time trying to smooth the relations between Ms. Gerhard, Ms. Buford, the Nutrition Division, teachers 
and others. 

The Respondent's problems with Ms. Buford and the Petitioner were time-consuming. From the record, 
it appears that Petitioner does not have a tactful personality and can be demanding and abrasive. This was a continuing 
problem and reflected her failure to get along with the public and with other employees. For this Petitioner deserves further 
warnings and counseling on communication skills, but not dismissal. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, PO 
Drawer 27447, Raleigh, NC 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 



10:12 NORTH CAROLINA REGISTER September 15, 1995 1047 



CONTESTED CASE DECISIONS 



NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the State Personnel Commission. 

This the 17th day of August, 1995. 



( 



Meg Scott Phipps 
Administrative Law Judge 



1048 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



lhe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles 
and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in 
the North Carolina executive branch of government has been assigned a title number. Titles are further 
broken down into chapters which shall be numerical in order. The other two, subchapters and sections 
are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1049 



CUMULATIVE INDEX 





Agency /Role Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other laformatioa 


State 


Local 







ACUPUNCTURE LICENSING BOARD 



21 NCAC 01 


.0101 


10:02 NCR 


150 


07/01/95 




.0201 


10:07 NCR 


585 


10/01/95 




.0401 - .0402 


10:02 NCR 


150 


07/01/95 




.0501 


10:07 NCR 


585 


10/01/95 




.0701 


10:07 NCR 


585 


10/01/95 


AGRICULTURE 










2 NCAC 34 


.0904 


10:04 NCR 


228 


08/01/95 




.0904 


10:07 NCR 


430 


11/01/95 


ARCHITECTURE 








21 NCAC 02 


.0208 


10:12 NCR 


985 


12/01/95 


02 


.0301 - .0302 


10:10 NCR 


829 


07/01/96 


CERTIFIED PUBLIC ACCOUNTANT EXAMINERS 




21 NCAC 08F 


.0105 


10:04 NCR 


255 


08/01/95 




.0113 


10:04 NCR 


255 


08/01/95 


08G 


.0401 


10:04 NCR 


255 


08/01/95 


08J 


.0005 


10:04 NCR 


255 


08/01/95 




.0008 


10:04 NCR 


255 


08/01/95 


08M 


.0102 


10:04 NCR 


255 


08/01/95 




.0104 


10:04 NCR 


255 


08/01/95 




.0306 


10:04 NCR 


255 


08/01/95 




.0401 


10:04 NCR 


255 


08/01/95 


08N 


.0203 


10:04 NCR 


255 


08/01/95 




.0302 


10:04 NCR 


255 


08/01/95 




.0307 


10:04 NCR 


255 


08/01/95 


CHIROPRACTIC EXAMINERS 








21 NCAC 10 


.0203 


10:04 NCR 


261 


08/01/95 


COMMUNITY COLLEGES 








23 NCAC 02C 


.0108 


10:03 NCR 


208 


09/01/95 




.0210 


10:07 NCR 


587 


01/01/96 




.0211 


10:03 NCR 


208 


09/01/95 




.0301 


10:07 NCR 


587 


01/01/96 




.0306 


10:03 NCR 


208 


09/01/95 


02E 


.0403 


10:07 NCR 


587 


01/01/96 


COMMERCE 










4 NCAC 06C 


.0203 


10:05 NCR 


300 


09/01/95 


CORRECTION 










5 NCAC 05 


.0001 


10:01 NCR 


12 


07/01/95 


COSMETIC ART EXAMINERS 








21 NCAC 14B 


.0604 


10:12 NCR 


985 


12/01/95 


CULTURAL RESOURCES 








7 NCAC 02F 


.0002 


10:01 NCR 


12 


07/01/95 


ELECTROLYSIS EXAMINERS 








21 NCAC 19 


.0104 


10:11 NCR 


907 


12/01/95 




.0204 


10:11 NCR 


907 


12/01/95 




.0616 


10:11 NCR 


907 


12/01/95 



08/01/95 
08/01/95 



N/A Renoticed in 10:7 



08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 

N/A 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 



08/01/95 



RRC Obj./Rule Withdrawn 



07/01/95 



08/01/95 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

15A NCAC 02B .0101 10:01 NCR 13 

.0104 10:01 NCR 13 

.0202 10:01 NCR 13 

.0211 10:01 NCR 13 

.0301 10:01 NCR 13 



Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 



1050 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



CUMULATIVE INDEX 



> 



















Nate 


Effective 


Other Information 


Agency/Rule Citation 


Proposed in 
Register 


Proposed 


Fiscal 




State 


Local 


Date 















.0303 




10:08 NCR 661 




.0304 




10:04 NCR 246 




.0304 




10:05 NCR 301 




.0308 - 


.0310 


10:08 NCR 661 




.0308 




10:08 NCR 661 




.0313 




10:11 NCR 901 




.0315 - 


.0316 


10:08 NCR 661 




.0315 




10:08 NCR 661 




.0316 




10:04 NCR 246 


02D 


.0520 




10:01 NCR 13 




.0531 




10:01 NCR 13 




.0902 




10:01 NCR 13 




.0909 




10:01 NCR 13 




.0952 




10:01 NCR 13 




.1402 




10:01 NCR 13 




.1406 




10:01 NCR 13 




.1409 




10:01 NCR 13 




.1701 - 


.1702 


10:01 NCR 13 




.1801 - 


.1803 


10:01 NCR 13 


NPDES Permit 






10:02 NCR 56 


04A 


.0001 




10:07 NCR 579 




.0005 




10:07 NCR 579 


04B 


.0016 




10:07 NCR 579 




.0020 




10:07 NCR 579 




.0028 




10:02 NCR 149 




.0029- 


.0030 


10:07 NCR 579 


04C 


.0007- 


.0008 


10:07 NCR 579 




.0010 




10:07 NCR 579 


04D 


.0002 - 


.0003 


10:07 NCR 579 


07B 


.0101 




10:09 NCR 751 




.0201 - 


.0216 


10:09 NCR 751 




.0401 - 


.0406 


10:09 NCR 751 




.0501 - 


.0507 


10:09 NCR 751 


07H 


.0208 




10:03 NCR 197 




.0308 




10:09 NCR 751 




.0309- 


.0310 


10:09 NCR 751 




.1705 




10:09 NCR 751 




.2201 - 


.2202 


10:03 NCR 204 




.2203 




10:03 NCR 204 




.2204- 


.2205 


10:03 NCR 204 


07K 


.0103 




10:09 NCR 751 


10B 


.0115 




10:06 NCR 338 




.0202- 


.0203 


10:01 NCR 26 




.0202 




10:04 NCR 249 




.0214 




10:01 NCR 26 


IOC 


.0404 




10:06 NCR 338 




.0407 




10:06 NCR 338 


10D 


.0002- 


.0003 


10:01 NCR 26 




.0003 




10:04 NCR 250 




.0003 




10:06 NCR 338 


10F 


.0313 




10:06 NCR 338 




.0317 




10:01 NCR 26 




.0323 - 


.0324 


10:11 NCR 904 


Wildlife Proclamation/Stripec 


Bass 


10:02 NCR 57 








10:03 NCR 195 


13B 


.0101 




10:06 NCR 350 




.0103 




10:06 NCR 350 




.0503 




10:06 NCR 350 




.0802 - 


0829 


10:06 NCR 350 




.1627 




10:06 NCR 350 


16A 


.1001 




10:07 NCR 582 




.1002 - 


.1006 


10:07 NCR 582 


18A 


.2508 




10:06 NCR 350 



11/01/95 
01/01/96 
11/01/95 
11/01/95 
02/01/96 
02/01/96 
11/01/95 
02/01/96 
01/01/96 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 

10/01/95 
10/01/95 
10/01/95 
10/01/95 
07/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
02/01/96 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
10/01/95 
07/01/95 
08/01/95 
07/01/95 
12/01/95 
12/01/95 
07/01/95 
08/01/95 
09.01/95 
10/01/95 
07/01/95 
12/01/95 
04/10/95 
04/15/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
10/01/95 
01/01/96 
01/01/96 
01/01/96 



11/01/95 



07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 



08/01/95 



07/01/95 
09/01/95 
07/01/95 



07/01/95 
09/01/95 

10/01/95 
07/01/95 



Agency Did Not Adopt 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1051 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed m 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 





.2511 




10:06 NCR 


350 


01/01/96 






.2516 - 


.2519 


10:06 NCR 


350 


01/01/96 






.2521 - 


.2524 


10:06 NCR 


350 


01/01/96 






.2526 




10:06 NCR 


350 


01/01/96 






.2528- 


.2535 


10.06 NCR 


350 


01/01/96 






.2537 




10:06 NCR 


350 


01/01/96 






.2540- 


.2542 


10:06 NCR 


350 


01/01/96 






.2543 




10:06 NCR 


350 


01/01/96 




19A 


.0401 




10:06 NCR 


350 


10/01/95 






.0406 




10:06 NCR 


350 


10/01/95 






.0502 




10:06 NCR 


350 


10/01/95 




19C 


.0206 




10:05 NCR 


305 


10/01/95 


X 


19H 


.0702 




10:07 NCR 


582 


10/01/95 


X 


24A 


.0404 




10:06 NCR 


350 


10/01/95 


X 


FINAL DECISION LETTERS 










Voting Rights Act 






10:01 NCR 
10:03 NCR 
10:05 NCR 
10:10 NCR 
10:11 NCR 


02 
194 
298 
825 
889 






GENERAL CONTRACTORS LICENSING BOARD 






21 NCAC 12 


.0302 




10:11 NCR 


906 


12/01/95 






.0410 




10:11 NCR 


906 


12/01/95 




GOVERNOR'S EXECUTIVE ORDERS 








Number 72 






10:01 NCR 


01 






Number 73 






10:02 NCR 


54 






Number 74 






10:02 NCR 


54 






Number 75 






10:03 NCR 


191 






Number 76 






10:03 NCR 


191 






Number 77 






10:05 NCR 


297 






Number 78 






10:06 NCR 


336 






Number 79 






10:07 NCR 


427 






Number 80 






10:07 NCR 


427 






Number 81 






10:08 NCR 


639 






Number 82 






10:10 NCR 


823 






Number 83 






10:10 NCR 


823 






Number 84 






10:12 NCR 


981 






HUMAN RESOURCES 












10 NCAC 03 D 


.1401 




10:08 NCR 


641 


11/01/95 




03H 


.0108 - 


.0109 


10:02 NCR 


58 


09/01/95 






.0206- 


.0220 


10:02 NCR 


58 


09/01/95 






.0306- 


.0318 


10:02 NCR 


58 


09/01/95 






.0407 - 


.0409 


10:02 NCR 


58 


09/01/95 






.0505 - 


.0507 


10:02 NCR 


58 


09/01/95 






.0510- 


.0517 


10:02 NCR 


58 


09/01/95 






.0605 - 


.0609 


10:02 NCR 


58 


09/01/95 






.0705 - 


.0712 


10:02 NCR 


58 


09/01/95 






.0810 - 


.0812 


10:02 NCR 


58 


09/01/95 






.0903 - 


.0911 


10:02 NCR 


58 


09/01/95 






.1003 - 


.1008 


10:02 NCR 


58 


09/01/95 






.1105 - 


.1109 


10:02 NCR 


58 


09/01/95 






.1130- 


.1136 


10:02 NCR 


58 


09/01/95 






.1150- 


.1163 


10:02 NCR 


58 


09/01/95 






.1204 - 


.1208 


10:02 NCR 


58 


09/01/95 






.1210 




10:02 NCR 


58 


09/01/95 






.1306- 


.1308 


10:02 NCR 


58 


09/01/95 






.1405- 


.1406 


10:02 NCR 


58 


09/01/95 






.1408 - 


.1410 


10:02 NCR 


58 


09/01/95 





Agency Did Not Adopt 



03/06/95 
03/15/95 
03/27/95 
03/30/95 
04/03/95 
05/02/95 
05/23/95 
06/07/95 
06/13/95 
06/27/95 
07/27/95 
08/03/95 
08/24/95 



1052 



NORTH CAROLINA REGISTER 



September IS, 1995 10:12 



CUMULATIVE INDEX 



> 













Fiscal Note 


Effective 




Agency /Rule Citation 


Proposed ia 


Effective 
Date 


Stale 




Date 


Other IiifonsBatiaa 






Local 





.1501 - 


.1503 


10:02 NCR 


58 


09/01/95 


.1612- 


.1613 


10:02 NCR 


58 


09/01/95 


.1703 - 


.1704 


10:02 NCR 


58 


09/01/95 


.1804- 


.1807 


10:02 NCR 


58 


09/01/95 


.2001 




10:02 NCR 


58 


09/01/95 


.2101 - 


.2110 


10:02 NCR 


58 


09/01/95 


.2201 - 


.2212 


10:02 NCR 


58 


09/01/95 


.2301 - 


.2308 


10:02 NCR 


58 


09/01/95 


.2401 - 


.2402 


10:02 NCR 


58 


09/01/95 


.2501 - 


.2506 


10:02 NCR 


58 


09/01/95 


.2601 - 


.2607 


10:02 NCR 


58 


09/01/95 


.2701 




10:02 NCR 


58 


09/01/95 


.2801 - 


.2802 


10:02 NCR 


58 


09/01/95 


.2901 - 


.2902 


10:02 NCR 


58 


09/01/95 


.3001 - 


.3005 


10:02 NCR 


58 


09/01/95 


.3011 - 


.3016 


10:02 NCR 


58 


09/01/95 


.3021 - 


.3032 


10:02 NCR 


58 


09/01/95 


.3101 - 


.3104 


10:02 NCR 


58 


09/01/95 


.3201 - 


.3202 


10:02 NCR 


58 


09/01/95 


.3301 - 


.3302 


10:02 NCR 


58 


09/01/95 


.3401 - 


.3404 


10:02 NCR 


58 


09/01/95 


03L .0901 - 


.0907 


10:08 NCR 


641 


02/01/96 


.1001 - 


.1007 


10:08 NCR 


641 


02/01/96 


.1101 - 


.1112 


10:08 NCR 


641 


02/01/96 


.1201 - 


.1202 


10:08 NCR 


641 


02/01/96 


.1301 - 


.1303 


10:08 NCR 


641 


02/01/96 


.1401 - 


.1402 


10:08 NCR 


641 


02/01/96 


03M .0202 - 


.0205 


10:08 NCR 


641 


02/01/96 


.0207 




10:08 NCR 


641 


02/01/96 


14B .0501 - 


.0503 


10:07 NCR 


430 


05/01/96 


.0505- 


.0509 


10:07 NCR 


430 


05/01/96 


14K .0101 - 


.0103 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0219 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0310 


10:07 NCR 


430 


05/01/96 


.0312- 


.0315 


10:07 NCR 


430 


05/01/96 


.0317- 


.0324 


10:07 NCR 


430 


05/01/96 


.0326 - 


.0329 


10:07 NCR 


430 


05/01/96 


.0333 - 


.0348 


10:07 NCR 


430 


05/01/96 


.0350- 


.0365 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0408 


10:07 NCR 


430 


05/01/96 


14L .0101 - 


.0106 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0203 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0308 


10:07 NCR 


430 


05/01/96 


.0310 




10:07 NCR 


430 


05/01/96 


.0401 - 


.0407 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0606 


10:07 NCR 


430 


05/01/96 


.0609 




10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0709 


10:07 NCR 


430 


05/01/96 


.0711 - 


.0712 


10:07 NCR 


430 


05/01/96 


14M .0101 - 


.0113 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0511 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0602 


10:07 NCR 


430 


05/01/96 


.0604 




10:07 NCR 


430 


05/01/96 


.0606 




10:07 NCR 


430 


05/01/96 


.0608 - 


.0612 


10:07 NCR 


430 


05/01/96 


.0614- 


.0615 


10:07 NCR 


430 


05/01/96 


.0617 - 


.0621 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0716 


10:07 NCR 


430 


05/01/96 


14N .0101 - 


.0107 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0207 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0307 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0406 


10:07 NCR 


430 


05/01/96 



10:12 



NORTH CAROLINA REGISTER 



September IS, 1995 



1053 



CUMULATIVE INDEX 











Agency /Rule Citation 


Proposed m 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 







.0501 - 


.0507 


10:07 NCR 430 


05/01/96 


.0701 




10:07 NCR 430 


05/01/96 


.0703 - 


.0705 


10:07 NCR 430 


05/01/96 


.0801 - 


.0811 


10:07 NCR 430 


05/01/96 


.0901 - 


.0905 


10:08 NCR 656 


05/01/96 


140 .0301 - 


.0314 


10:07 NCR 430 


05/01/96 


.0401 - 


.0409 


10:07 NCR 430 


05/01/96 


.0411 - 


.0416 


10:07 NCR 430 


05/01/96 


.0501 - 


.0505 


10:07 NCR 430 


05/01/96 


.0601 - 


.0609 


10:07 NCR 430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 430 


05/01/96 


.0617- 


.0618 


10:07 NCR 430 


05/01/96 


.0701 - 


.0710 


10:07 NCR 430 


05/01/96 


14V .0101 - 


.0104 


10:07 NCR 430 


05/01/96 


.0201 - 


.0208 


10:07 NCR 430 


05/01/96 


.0301 - 


.0304 


10:07 NCR 430 


05/01/96 


.0401 - 


.0405 


10:07 NCR 430 


05/01/96 


.0501 - 


.0505 


10:07 NCR 430 


05/01/96 


.0601 - 


.0604 


10:07 NCR 430 


05/01/96 


.0701 - 


.0712 


10:07 NCR 430 


05/01/96 


.0801 - 


.0805 


10:07 NCR 430 


05/01/96 


.1101 - 


.1103 


10:07 NCR 430 


05/01/96 


.1201 - 


.1203 


10.07 NCR 430 


05/01/96 


.1301 - 


.1303 


10:07 NCR 430 


05/01/96 


.1401 - 


.1403 


10:07 NCR 430 


05/01/96 


.1501 - 


.1504 


10:07 NCR 430 


05/01/96 


.2101 - 


.2104 


10:07 NCR 430 


05/01/96 


.2201 - 


.2204 


10:07 NCR 430 


05/01/96 


.2301 - 


.2306 


10:07 NCR 430 


05/01/96 


.2401 - 


.2404 


10:07 NCR 430 


05/01/96 


.2501 - 


.2505 


10:07 NCR 430 


05/01/96 


.3101 - 


.3103 


10:07 NCR 430 


05/01/96 


.3201 - 


.3203 


10:07 NCR 430 


05/01/96 


.3301 - 


.3303 


10:07 NCR 430 


05/01/96 


.3401 - 


.3403 


10:07 NCR 430 


05/01/96 


.3501 - 


.3503 


10:07 NCR 430 


05/01/96 


.3601 - 


.3604 


10:07 NCR 430 


05/01/96 


.3701 - 


.3703 


10:07 NCR 430 


05/01/96 


.3801 - 


.3803 


10:07 NCR 430 


05/01/96 


.3901 - 


.3903 


10:07 NCR 430 


05/01/96 


.4001 - 


.4003 


10:07 NCR 430 


05/01/96 


.4101 - 


.4104 


10:07 NCR 430 


05/01/96 


.5001 - 


.5002 


10:07 NCR 430 


05/01/96 


.5101 - 


.5104 


10:07 NCR 430 


05/01/96 


.5201 - 


.5204 


10:07 NCR 430 


05/01/96 


.5301 - 


.5303 


10:07 NCR 430 


05/01/96 


.5401 - 


.5403 


10:07 NCR 430 


05/01/96 


.5501 - 


.5503 


10:07 NCR 430 


05/01/96 


.5601 - 


.5603 


10:07 NCR 430 


05/01/96 


.5701 - 


.5703 


10:07 NCR 430 


05/01/96 


.5801 - 


.5804 


10:07 NCR 430 


05/01/96 


.5901 - 


.5903 


10:07 NCR 430 


05/01/96 


.6001 - 


.6003 


10:07 NCR 430 


05/01/96 


.6101 - 


.6103 


10:07 NCR 430 


05/01/96 


.6201 - 


.6202 


10:07 NCR 430 


05/01/96 


.6301 - 


.6303 


10:07 NCR 430 


05/01/96 


.6401 - 


.6403 


10:07 NCR 430 


05/01/96 


.6501 - 


.6503 


10:07 NCR 430 


05/01/96 


.6601 - 


.6603 


10:07 NCR 430 


05/01/96 


.6701 - 


.6702 


10:07 NCR 430 


05/01/96 


.6801 - 


.6802 


10:07 NCR 430 


05/01/96 


.6901 - 


.6903 


10:07 NCR 430 


05/01/96 


8A .0124- 


.0128 


10:07 NCR 430 


05/01/96 



1054 



NORTH CAROLINA REGISTER 



September IS, 1995 10:12 



CUMULATIVE INDEX 



► 









Proposed 

Effective 

Dale 








Agency /Rule Citation 


Proposed ia 

Register 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



.0130 


10:07 NCR 430 


05/01/96 


.0132 - .0133 


10:07 NCR 430 


05/01/96 


.0135 - .0136 


10:07 NCR 430 


05/01/96 


181 .01 14 -.0120 


10:07 NCR 430 


05/01/96 


18J .01 10 -.0119 


10:07 NCR 430 


05/01/96 


.0212 - .0213 


10:07 NCR 430 


05/01/96 


.0304- .0311 


10:07 NCR 430 


05/01/96 


.0507- .0511 


10:08 NCR 656 


05/01/96 


.0601 - .0604 


10:07 NCR 430 


05/01/96 


.0701 - .0715 


10:07 NCR 430 


05/01/96 


.0801 - .0805 


10:07 NCR 430 


05/01/96 


.0803 


10:02 NCR 118 


07/01/95 


18K .0109 -.0116 


10:07 NCR 430 


05/01/96 


.0262 - .0263 


10:08 NCR 656 


05/01/96 


18L .0107 - .0108 


10:07 NCR 430 


05/01/96 


.0223 - .0224 


10:07 NCR 430 


05/01/96 


.0331 - .0336 


10:07 NCR 430 


05/01/96 


.0338 - .0339 


10:07 NCR 430 


05/01/96 


.0428 - .0434 


10:07 NCR 430 


05/01/96 


.0504 


10:07 NCR 430 


05/01/96 


.0511 


10:07 NCR 430 


05/01/96 


.0513 


10:07 NCR 430 


05/01/96 


.0601 - .0607 


10:08 NCR 656 


05/01/96 


.0701 - .0705 


10:07 NCR 430 


05/01/96 


.0707 


10:07 NCR 430 


05/01/96 


.0801 


10:07 NCR 430 


05/01/96 


.0803 - .0809 


10:07 NCR 430 


05/01/96 


.0901 - .0904 


10:07 NCR 430 


05/01/96 


.1001 - .1006 


10:07 NCR 430 


05/01/96 


.1101 - .1103 


10:07 NCR 430 


05/01/96 


.1105- .1107 


10:07 NCR 430 


05/01/96 


.1201 


10:07 NCR 430 


05/01/96 


.1203 - .1206 


10:07 NCR 430 


05/01/96 


.1301 - .1309 


10:07 NCR 430 


05/01/96 


.1401 - .1403 


10:07 NCR 430 


05/01/96 


.1501 - .1525 


10:07 NCR 430 


05/01/96 


18M .0107 -.01 10 


10:07 NCR 430 


05/01/96 


.0206 - .0213 


10:07 NCR 430 


05/01/96 


.0304 - .0307 


10:07 NCR 430 


05/01/96 


.0406- .0409 


10:07 NCR 430 


05/01/96 


.0505 - .0506 


10:07 NCR 430 


05/01/96 


.0607 - .0608 


10:07 NCR 430 


05/01/96 


.0701 


10:07 NCR 430 


05/01/96 


.0703 - .0706 


10:07 NCR 430 


05/01/96 


.0708 - .0714 


10:07 NCR 430 


05/01/96 


.0801 - .0803 


10:07 NCR 430 


05/01/96 


.0817 - .0819 


10:07 NCR 430 


05/01/96 


.0824 - .0838 


10:07 NCR 430 


05/01/96 


.0901 - .0908 


10:07 NCR 430 


05/01/96 


.1001 - .1009 


10:07 NCR 430 


05/01/96 


.1101 - .1106 


10:07 NCR 430 


05/01/96 


.1203 - .1204 


10:07 NCR 430 


05/01/96 


.1302- .1305 


10:07 NCR 430 


05/01/96 


.1401 - .1403 


10:07 NCR 430 


05/01/96 


.1405 - .1410 


10:07 NCR 430 


05/01/96 


18N .0105 -.01 10 


10:07 NCR 430 


05/01/96 


.0204 - .0212 


10:07 NCR 430 


05/01/96 


.0305 - .0306 


10:07 NCR 430 


05/01/96 


.0601 - .0605 


10:08 NCR 656 


05/01/96 


.0701 - .0709 


10:08 NCR 656 


05/01/96 


180 .0517 - .0524 


10:08 NCR 656 


05/01/96 


18P .0901 - .0903 


10:07 NCR 430 


05/01/96 


.1001 - .1004 


10:07 NCR 430 


05/01/96 



07/01/95 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1055 



CUMULATIVE INDEX 



Agency/Role Citatioe 



Proposed ia 



Proposed 

Effective 

Date 



fiscal Note 



State Local 



Effective 
Date 



Other Information 



18Q 


.0284 




10:07 NCR 


430 


05/01/96 






.0286- 


.0287 


10:07 NCR 


430 


05/01/96 






.0520 - 


.0521 


10:07 NCR 


430 


05/01/96 






.0538 - 


.0552 


10:07 NCR 


430 


05/01/96 




26B 


.0110 




10:08 NCR 


660 


10/01/95 






.0124 




10:02 NCR 


118 


07/01/95 x 


07/01/95 


260 


.0703 - 


.0705 


10:12 NCR 


982 


12/01/95 




26H 


.0213 




10:02 NCR 


118 


07/01/95 


07/01/95 




.0302 




10:04 NCR 


228 


08/01/95 x 


08/01/95 




.0304- 


.0305 


10:04 NCR 


228 


08/01/95 x 


08/01/95 




.0308 - 


.0309 


10:04 NCR 


228 


08/01/95 x 


08/01/95 




.0508 




10:12 NCR 


982 


12/01/95 




261 


.0101 - 


.0107 


10:10 NCR 


826 


11/01/95 




39D 


.0302- 


.0303 


10:09 NCR 


722 


11/01/95 




41F 


.0706 




10:03 NCR 


196 


08/01/95 


08/01/95 




.0812 




10:03 NCR 


196 


08/01/95 


08/01/95 


42H 


.0911 




10:09 NCR 


722 


12/01/95 




42W 


.0001 - 


.0002 


10:10 NCR 


828 


11/01/95 




INSURANCE 














11 NCAC 06A 


.0812 




10:04 NCR 


246 


08/01/95 


08/01/95 


16 


.0704 




10:11 NCR 


900 


12/01/95 




JUSTICE 














12 NCAC 04E 


.0104 




10:07 NCR 


573 


10/01/95 




07D 


.0201 




10:07 NCR 


575 


10/01/95 






.0204 




10:11 NCR 


900 


12/01/95 






.0301 




10:07 NCR 


575 


10/01/95 






.0401 




10:07 NCR 


575 


10/01/95 






.0701 




10:07 NCR 


575 


10/01/95 






.0706 




10:07 NCR 


575 


10/01/95 






.0801 




10:07 NCR 


575 


10/01/95 






.0806 




10:07 NCR 


575 


10/01/95 






.0902 




10:07 NCR 


575 


10/01/95 






.0904 




10:07 NCR 


575 


10/01/95 




09A 


.0204 




10:02 NCR 


122 


08/01/95 


08/01/95 


09B 


.0113 




10:02 NCR 


122 


08/01/95 


08/01/95 




.0201 - 


.0202 


10:02 NCR 


122 


08/01/95 


01/01/96 




.0205 




10:02 NCR 


122 


08/01/95 






.0206 




10:02 NCR 


122 


08/01/95 


08/01/95 




.0210 




10:02 NCR 


122 


08/01/95 


08/01/95 




.0212- 


.0214 


10:02 NCR 


122 


08/01/95 


08/01/95 




.0226- 


.0228 


10:02 NCR 


122 


08/01/95 


08/01/95 




.0232- 


.0233 


10:02 NCR 


122 


08/01/95 


08/01/95 


09C 


.0401 




10:02 NCR 


122 


08/01/95 


08/01/95 




.0601 




10:02 NCR 


122 


08/01/95 


08/01/95 


09D 


.0102 




10:02 NCR 


122 


08/01/95 


08/01/95 




.0104 - 


.0106 


10:02 NCR 


122 


08/01/95 


08/01/95 


10B 


.0102- 


.0103 


10:09 NCR 


723 


01/01/96 






.0105 




10:09 NCR 


723 


01/01/96 






.0204 




10:09 NCR 


723 


01/01/96 






.0301 




10:09 NCR 


723 


01/01/96 






.0304 




10:09 NCR 


723 


01/01/96 






.0307 




10:09 NCR 


723 


01/01/96 






.0401 - 


.0403 


10:09 NCR 


723 


01/01/96 






.0405 




10:09 NCR 


723 


01/01/96 






.0407 - 


.0409 


10:09 NCR 


723 


01/01/96 






.0502 - 


.0503 


10:09 NCR 


723 


01/01/96 






.0505 




10:09 NCR 


723 


01/01/96 






.0601 - 


.0607 


10:09 NCR 


723 


01/01/96 






.0702- 


.0706 


10:09 NCR 


723 


01/01/96 






.0801 - 


.0803 


10:09 NCR 


723 


01/01/96 






.0901 




10:09 NCR 


723 


01/01/96 





1056 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



CUMULATIVE INDEX 



► 



Agency /Rule Citation 



Proposed is 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Inf ormatien 





.0903 - 


.0906 


10:09 NCR 


723 


01/01/96 




.0908 - 


.0912 


10:09 NCR 


723 


01/01/96 




.1004- 


.1005 


10:09 NCR 


723 


01/01/96 




.1201 - 


.1205 


10:09 NCR 


723 


01/01/96 


11 


.0210 




10:05 NCR 


301 


09/01/95 


LABOR 












13 NCAC 






10:01 NCR 


10 


01/01/96 








10:01 NCR 


12 


01/01/96 








10:02 NCR 


149 


10/01/95 








10:02 NCR 


149 


01/01/96 








10:02 NCR 


149 


01/01/96 








10:02 NCR 


149 


02/01/96 








10:03 NCR 


196 


01/01/96 








10:03 NCR 


197 


01/01/96 


12 


.0101 




10:02 NCR 


142 


08/01/95 




.0303 - 


.0315 


10:02 NCR 


142 


08/01/95 




.0501 - 


.0502 


10:02 NCR 


142 


08/01/95 




.0803 - 


.0808 


10:02 NCR 


142 


08/01/95 


LIST OF RULES CODIFIED 














10:02 NCR 


167 










10:04 NCR 
10:06 NCR 
10:09 NCR 
10:10 NCR 


272 
392 
783 
845 




MEDICAL EXAMINERS 








21 NCAC 32B 


.0901 - 


.0902 


10:10 NCR 


831 


11/01/95 


32F 


.0003 




10:10 NCR 


831 


11/01/95 


32H 


.0102 




10:02 NCR 


151 


07/01/96 




.0201 




10:02 NCR 


151 


07/01/96 




.0203 




10:02 NCR 


151 


07/01/96 




.0408 




10:02 NCR 


151 


07/01/96 




.0506 




10:02 NCR 


151 


07/01/96 




.0601 




10:02 NCR 


151 


07/01/95 




.0602 




10:02 NCR 


151 


07/01/96 




.0801 




10:02 NCR 


151 


07/01/96 




.1001 




10:02 NCR 


151 


07/01/96 


321 


.0003 - 


.0004 


10:02 NCR 


151 


07/01/95 


32M 


.0001 - 


.0002 


10:10 NCR 


831 


11/01/95 


NURSING, BOARD OF 










21 NCAC 36 


.0109 




10 


11 NCR 


908 


01/01/96 




.0202- 


.0203 


10 


11 NCR 


908 


01/01/96 




.0209 




10 


11 NCR 


908 


01/01/96 




.0211 




10 


11 NCR 


908 


01/01/96 




.0216- 


.0219 


10 


11 NCR 


908 


01/01/96 




.0221 




10 


11 NCR 


908 


01/01/96 




.0225 




10 


11 NCR 


908 


01/01/96 




.0227 




10 


11 NCR 


908 


01/01/96 




.0318 




10 


11 NCR 


908 


01/01/96 




.0320 




10 


11 NCR 


908 


01/01/96 




.0322 




10 


11 NCR 


908 


01/01/96 




.0401 - 


.0405 


10 


10 NCR 


839 


12/01/95 


NURSING HOME ADMINISTRATORS 






21 NCAC 37 


.0101 




10:04 NCR 


262 


08/01/95 




.0302 




10:03 NCR 


206 


08/01/95 




.0404 




10:03 NCR 


206 


08/01/95 




.0502 




10:03 NCR 


206 


08/01/95 




.0603 




10 


03 NCR 


206 


08/01/95 



Notice 
Notice 
Notice 
Notice 
Notice 
Notice 
Notice 
Notice 



on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 
on Subject 



Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 



Rules Filed 03/95 
Rules Filed 04/95 
Rules Filed 05/95 
Rules Filed 06/95 
Rules Filed 07/95 



07/01/96 
07/01/96 

07/01/96 

09/01/95 
07/01/96 
07/01/96 
07/01/96 
09/01/95 



08/01/95 



08/01/95 
08/01/95 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1057 



CUMULATIVE INDEX 



Agency/Rule Citatioo 



Proposed m 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 





.0904 


10:04 NCR 


262 


08/01/95 




.0912 


10:03 NCR 


206 


08/01/95 




.0914 


10:03 NCR 


206 


08/01/95 


PHYSICAL THERAPY EXAMINERS 






21 NCAC 48C 


.0103 


10:08 NCR 


671 


10/01/95 


48D 


.0006 


10:08 NCR 


671 


10/01/95 




.0008 


10:08 NCR 


671 


10/01/95 




.0011 


10:08 NCR 


671 


10/01/95 


48E 


.0110 


10:08 NCR 


671 


10/01/95 


48F 


.0002 


10:08 NCR 


671 


10/01/95 


48G 


.0501 - .0516 


10:08 NCR 


671 


10/01/95 




.0601 


10:08 NCR 


671 


10/01/95 


48H 


.0104 


10:08 NCR 


671 


10/01/95 




.0701 - .0704 


10:08 NCR 


671 


10/01/95 



08/01/95 



PLUMBING, HEATING & FIRE SPRINKLER CONTRACTORS 

21 NCAC 50 .0402 10:01 NCR 39 09/01/95 

.0505 10:01 NCR 39 09/01/95 

PROFESSIONAL COUNSELORS 



21 NCAC 53 


.0204- 


.0211 


10:01 NCR 


40 


07/01/95 




.0301 




10:01 NCR 


40 


07/01/95 




.0305 - 


.0309 


10:01 NCR 


40 


07/01/95 




.0310 




10:01 NCR 


40 


07/01/95 




.0403 - 


.0405 


10:01 NCR 


40 


07/01/95 




.0601 - 


.0604 


10:01 NCR 


40 


07/01/95 


PROFESSIONAL ENGINEERS AND LAND SURVEYORS 


21 NCAC 56 


.0802 




10:11 NCR 


934 


12/01/95 




.0804 




10:11 NCR 


934 


12/01/95 




.0902 




10:11 NCR 


934 


12/01/95 




.1103 




10:11 NCR 


934 


12/01/95 




.1301 




10:11 NCR 


934 


12/01/95 




.1602 




10:11 NCR 


934 


12/01/95 




.1604 




10:11 NCR 


934 


12/01/95 




.1608 




10:11 NCR 


934 


12/01/95 




.1707 




10:11 NCR 


934 


12/01/95 




.1712- 


.1713 


10:11 NCR 


934 


12/01/95 


PSYCHOLOGY BOARD 










21 NCAC 54 


.1701 




10:11 NCR 


929 


12/01/95 




.1707 




10:11 NCR 


929 


12/01/95 




.2704- 


.2706 


10:11 NCR 


929 


12/01/95 


PUBLIC EDUCATION 










16 NCAC 06D 


.0106 




10:07 NCR 


584 


11/01/95 


REAL ESTATE COMMISSION 








21 NCAC 58 A 


.0110 




10:02 NCR 


157 


07/01/95 




.0403 




10:04 NCR 


263 


08/01/95 




.0503 




10:04 NCR 


263 


08/01/95 




.0504- 


.0506 


10:02 NCR 


157 


07/01/95 




.0505 




10:04 NCR 


263 


08/01/95 




.1703 




10:02 NCR 


157 


07/01/95 




.1707- 


.1708 


10:02 NCR 


157 


07/01/95 




.1710- 


.1711 


10:02 NCR 


157 


07/01/95 


58E 


.0103 




10:02 NCR 


157 


07/01/95 




.0203 - 


.0204 


10:02 NCR 


157 


07/01/95 




.0303 - 


.0305 


10:02 NCR 


157 


07/01/95 




.0406- 


.0407 


10:02 NCR 


157 


07/01/95 




.0506 




10:02 NCR 


157 


07/01/95 



09/01/95 



07/01/95 
07/01/95 
07/01/95 

07/01/95 
07/01/95 



Agency Did Not Adopt 



07/01/95 
08/01/95 
08/01/95 
07/01/95 
08/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 



1058 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



CUMULATIVE INDEX 



► 







., 


Proposed 


Fiscal Note 


Effective 




Ageacy /Rule Citation 








Register 


Date 


State 


Local 


Date 











.0515 




10:02 NCR 


157 


07/01/95 


REFRIGERATION EXAMINERS 








21 NCAC 60 


.0102 




10:04 NCR 


264 


08/01/95 




.0105 




10:09 NCR 


781 


11/01/95 




.0204 




10:04 NCR 


264 


08/01/95 




.0314 




10:04 NCR 


264 


08/01/95 




.1102 




10:04 NCR 


264 


08/01/95 




.1103 




10:09 NCR 


781 


11/01/95 


REVENUE 












Tax Review Board 






10:01 NCR 


03 




Tax Review Board 






10:07 NCR 


428 




Tax Review Board 






10:09 NCR 


716 




Tax Review Board 






10:11 NCR 


890 




SECRETARY OF STATE 








18 NCAC 06 


.1205- 


.1206 


10:05 NCR 


306 


09/01/95 




.1208 




10:05 NCR 


306 


09/01/95 




.1302- 


.1305 


10:05 NCR 


306 


09/01/95 




.1313 




10:05 NCR 


306 


09/01/95 




.1402 




10:11 NCR 


906 


12/01/95 


STATE PERSONNEL 










25 NCAC 01C 


.0207 




10:04 NCR 


264 


08/01/95 




.0402- 


.0408 


10:04 NCR 


264 


08/01/95 


01D 


.0201 




10:04 NCR 


264 


08/01/95 




.0205 




10:04 NCR 


264 


08/01/95 




.0207 




10:04 NCR 


264 


08/01/95 




.0211 




10:04 NCR 


264 


08/01/95 




.0401 




10:12 NCR 


986 


12/01/95 




.0406 




10:12 NCR 


986 


12/01/95 




.0504 




10:12 NCR 


986 


12/01/95 




.0509 




10:07 NCR 


588 


10/01/95 




.0510 - 


.0511 


10:12 NCR 


986 


12/01/95 




.0515 




10:12 NCR 


986 


12/01/95 




.0808 




10:04 NCR 


264 


08/01/95 




.0910 




10:12 NCR 


986 


12/01/95 




.1001 




10:04 NCR 


264 


08/01/95 




.1001 




10:12 NCR 


986 


12/01/95 




.1005 




10:12 NCR 


986 


12/01/95 




.1009 




10:04 NCR 


264 


08/01/95 




.1009- 


.1010 


10:12 NCR 


986 


12/01/95 




.1201 




10:04 NCR 


264 


08/01/95 




.1204 




10:04 NCR 


264 


08/01/95 




.1401 




10:04 NCR 


264 


08/01/95 




.1801 - 


.1802 


10:04 NCR 


264 


08/01/95 




.1928 




10:12 NCR 


986 


12/01/95 




.2001 




10:04 NCR 


264 


08/01/95 




.2601 - 


.2604 


10:12 NCR 


986 


12/01/95 


01E 


.0304- 


.0305 


10:12 NCR 


986 


12/01/95 




.0804 




10:04 NCR 


264 


08/01/95 




.1001 - 


.1002 


10:12 NCR 


986 


12/01/95 




.1110 




10:12 NCR 


986 


12/01/95 




.1402- 


.1409 


10:07 NCR 


588 


10/01/95 




.1410- 


.1411 


10:07 NCR 


588 


10/01/95 


01H 


.0628 




10:12 NCR 


986 


12/01/95 


on 


.2301 - 


.2310 


10:12 NCR 


986 


12/01/95 


01J 


.0401 - 


.0413 


10:12 NCR 


986 


12/01/95 




.0501 - 


.0511 


10:12 NCR 


986 


12/01/95 




.0604- 


.0606 


10:07 NCR 


588 


10/01/95 




.0608 




10:07 NCR 


588 


10/01/95 



07/01/95 



08/01/95 

08/01/95 
08/01/95 
08/01/95 



08/08/95 



10:12 



NORTH CAROLINA REGISTER 



September 15, 1995 



1059 



CUMULATIVE INDEX 



Agency/Rule Crtatioe 


Proposed ia 
Register 


Proposed 

Effecdre 
Date 


Fiscal Note 


Effeetire 
Date 


Other Information 


State 


Local 





.0610 - 


.0612 


10:07 NCR 


588 


10/01/95 




.0613 - 


.0615 


10:07 NCR 


588 


10/01/95 




.0801 - 


.0809 


10:12 NCR 


986 


12/01/95 


OIK 


.0312 




10:04 NCR 


264 


08/01/95 




.0318 




10:12 NCR 


986 


12/01/95 




.0701 - 


.0705 


10:12 NCR 


986 


12/01/95 




.0707 - 


.0708 


10:12 NCR 


986 


12/01/95 


OIL 


.0101 - 


.0106 


10:12 NCR 


986 


12/01/95 


TRANSPORTATION 










19A NCAC 02D 


.0415 




10:12 NCR 


984 


12/31/95 




.0801 




10:04 NCR 


254 


09/01/95 


04A 


.0004 




10:10 NCR 


829 


12/01/95 



1060 



NORTH CAROLINA REGISTER 



September 15, 1995 10:12 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 







ONE-TIME 


ANNUAL 






PURCHASE 


SUBSCRIPTION 




CODE 


PRICE 


PRICE 




201 00 00 


$63.00 


$90.00 




201 10 05 


$21.00 


$30.00 




201 10 33 


$17.50 


$25.00 




202 00 00 


$98.00 


$140.00 




202 1 5 09 


$28.00 


$40.00 




202 15 34 


$21.00 


$30.00 




202 15 43 


$21.00 


$30.00 




202 15 48 


$21.00 


$30.00 




202 15 52 


$21.00 


$30.00 




203 00 00 


$7.00 


$10.00 




204 00 00 


$87.50 


$126.00 




204 1 5 02 


$12.00 


$40.00 




204 1 5 03 


$24.50 


$35.00 




204 1 5 06 


$14.00 


$20.00 




204 1 5 09 


$14.00 


$20.00 




204 15 10 


$14.00 


$20.00 




204 15 16 


$24,50 


$35.00 




206 00 00 


$56.00 


$80.00 




205 15 02 


$24.50 


$35.00 




206 00 00 


$21.00 


$30.00 




207 00 00 


$21.00 


$30.00 




208 00 00 


$7.00 


$10.00 


e 


209 00 00 


$31.50 


$45.00 




210 00 00 


$346.50 


$496.00 




210 20 10 


$45.60 


$66.00 




210 20 20 


$31.50 


$45.00 




210 20 30 


$77.00 


$110.00 




210 20 40 


$119.00 


$170.00 




210 20 41 


$31.50 


$46.00 




210 20 42 


$31.50 


$45.00 




210 20 43 


$28.00 


$40.00 




210 20 44 


$17.50 


$26.00 




210 20 45 


$35.00 


$50.00 




211 00 00 


$63.00 


$90.00 




211 1001 


$66.00 


$80.00 




211 10 04 


$24.50 


$36.00 




211 10 05 


$17.50 


$26.00 




211 10 06 


$28.00 


$40.00 




211 10 08 


$21.00 


$30.00 




212 00 00 


$63.00 


$90.00 




212 1007 


$21.00 


$30.00 




212 10 09 


$31.50 


$45.00 




212 10 11 


$17.50 


$25.00 




213 00 00 


$77.00 


$110.00 




213 15 06 


$14.00 


$20.00 




213 20 00 


$31.60 


$45.00 




213 15 12 


$14.00 


$20.00 




213 15 13 


$14.00 


$20.00 




213 15 14 


$14.00 


$20.00 




213 15 15 


$14.00 


$20.00 


ritie 


214 00 00 


$31.50 


$46.00 




214 00 08 


$17.50 


$25.00 




214 00 11 


$14.00 


$20.00 


Full Title 


216 00 00 


$276.50 


$395.00 




215 15 CO 


$115.50 


$166.00 




215 15 10 


$49.00 


$70.00 




215 15 20 


$49.00 


$70.00 




215 15 30 


$56.00 


$80.00 




215 15 31 


$35.00 


$60.00 




215 15 32 


$17.50 


$25.00 



Title 1 - Dept. of Administration - Full Title 

Division of Purchase & Contract 
Federal Block Grant Funds 

Title 2 - Dept. of Agriculture - Full Title 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Full Title 

Title 4 - Dept. of Commerce - Full Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 



Title 6 - Dept. of Corrections 

Division of Prisons 



Full Title 



Title 6 - Council of State - Full Title 

Title 7 - Dept. of Cultural Resources - Full Title 

Title 8 - State Board of Elections - Full Title 

Title 9 - Offices of the Governor & Lt. Governor - Full Title 

Title 10 - Dept. of Human Resources - Full Title 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Title 1 1 - Dept. of Insurance - Full Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineering & Building Codes 

Trtie 12 - Dept. of Justice - Full Title 

Private Protective Services 

Police & Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 1 3 - Dept. of Labor - Full Title 

Mine & Quarry Safety 

General Safety/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Title 14A - Dept. of Crime Control & Public Safety - Full Title 

Alcohol Law Enforcement 
Victims Compensation Fund 



Title 15A - Dept. of Environ., Health, & Nat. Resources 

Environmental Management 

Air Quality 

Water Quality 

Land & Waste Management 

Solid Waste Management 

Underground Storage Tank6 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


216 15 40 


♦ 31.60 


♦ 45.00 


216 26 00 


♦ 106.00 


♦ 150.00 


216 26 10 


• 42.00 


♦ 60.00 


215 25 20 


$35.00 


♦ 50.00 


215 25 30 


♦ 69. 60 


♦ 85.00 


215 25 31 


♦ 17.60 


♦ 26.00 


216 00 00 


$21.00 


$30.00 


216 10 06 


♦ 21.00 


♦ 30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


♦ 31.60 


♦ 46.00 


217 16 20 


♦ 56.00 


♦ 80.00 


217 15 27 


♦31.60 


♦ 45.00 


217 15 29 


♦ 21.00 


♦ 30.00 


218 00 00 


$21.00 


$30.00 


218 10 06 


♦ 21.00 


♦ 30.00 


219 00 00 


$63.00 


$90.00 


219 10 02 


♦ 28.00 


♦ 40.00 


219 10 03 


♦ 35.00 


♦ 50.00 


220 00 00 


$31.50 


$45.00 


221 00 00 


$143.50 


$205.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


225 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$375.00 


$760.00 


266 00 00 


.. 


$750.00 


266 60 00 


-- 


$250.00 


288 60 00 


$295.00 


$476.00 


288 80 00 


$40.00 


$76.00 


299 90 00 


$16.00 





Coastal Management 

Environmental Hearth 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

tntoxitizer & Breathalyser 

Title 1 6 - Dept. of Public Instruction - FuH Title 
Elementary & Secondary Education 

Title 1 7 - Dept. of Revenue - Full Tide 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Title 1 8 - Secretary of State - Futl Title 

Securities Division 

Tide 19A - Dept. of Transportation - Full Title 
Division of Highways 
Division of Motor Vehicles 

Tide 20 - Dept. of the State Treasurer - Full Trde 

Tide 21 - Occupational Licensing Boards - Full Tide 

Tide 22 - Administrative Procedures Act - Repealed 

T'rde 23 - Dept. of Community Colleges - Full Tide 

Tide 24 - Independent Agencies - FuH T'rde 

Tide 25 - Office of State Personnel ■ FuH Tide 

Trde 26 - Office of Administrative Hearings - FuM Tide 

T'rde 27 - North Carolina State Bar - FuH Tide 

North Carolina Administrative Code - FuM Code 

(Add ♦85.00 Shipping and Handling) 

CD-ROM North Carolina Administrative Code 
CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master Index 

Master Table of Contents 

Bind or(s) 



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